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MOVEIt MDL - Putting the Transfer Order Into Action

On October 4, 2023, the Joint Panel on Multidistrict Litigation (JPML) issued a Transfer Order consolidating certain actions relating to a vulnerability in Progress Software’s MOVEit file transfer software which was exploited...more

Open for Comment: Businesses Can Now Submit Public Comments on the Proposed Federal Rule Addressing MDLs

There is big news in the world of multidistrict litigation: On August 15, 2023, the public comment period opened on a new proposed amendment to the Federal Rules of Civil Procedure specifically addressing case management in...more

The Only Rule of Multidistrict Litigation Is... [Audio]

BakerHostetler represents clients in high-stakes multidistrict litigation across the country. MDLephant: What’s Big in MDL Litigation? explores key aspects of these high-stakes cases, and what the future holds in store. This...more

FAQs: Ukraine-Russia Conflict: Force Majeure and Other Defenses to Contractual Performance

The Russian military’s invasion of Ukraine, coupled with the considerable economic sanctions levied against Russia and certain Russian entities and individuals, has significantly impacted businesses worldwide. Recognizing the...more

COVID-19 and U.S. Statutes of Limitation

At the federal and state levels, there have been calls to suspend statutes of limitations during the COVID-19 outbreak. A number of states have already acted, but state approaches vary and are open to future changes as the...more

Key COVID-19 Considerations for U.S. Discovery and Information Governance

Many businesses have remote work and bring-your-own-device policies that cover access to company systems and information from personal devices. ...more

COVID-19, Force Majeure and Other Defenses to Contractual Performance

Along with its significant and tragic human impact, the COVID-19 pandemic has disrupted and will continue to disrupt global, national and local commerce....more

Strategic Implications of Amendments to the Federal Rules of Evidence

On December 1, 2017, the Federal Rules of Evidence were amended to add new rules addressing the self-authentication of evidence generated by electronic processes or systems [Fed. R. Evid. 902(13)] and self-authentication of...more

Want to Get Primed for TAR? The Sedona Conference Has You Covered

The Sedona Conference recently announced the release of its Technology Assisted Review (TAR) Case Law Primer. While this final version of the primer will be published in the Summer 2017 Sedona Conference Journal. Why is...more

‘Ancient’ Data (and Documents): Prepare for Federal Changes to a Long-standing Hearsay Exception

Unbeknownst to many, changes to the Federal Rules of Evidence governing the hearsay exception for ancient documents (FRE 803(16)), and additional rules governing self-authentication of evidence generated by electronic...more

TAR Preferred, Keywords Acceptable – Focus on Defensible Process!

It’s hard not to feel a bit embarrassed for all the bloggers who await, and write about, nearly everything Magistrate Judge Andrew Peck (S.D.N.Y.) writes about the search for and production of electronically stored...more

Preservation by Backup Tape – Your First Five Questions . . .

This is the inaugural post in Discovery Advocate’s new series, “Your First Five Questions,” in which we identify a question commonly (or sometimes not so commonly) seen in practice followed by the first five questions you...more

Judge Peck’s Latest Decision on Technology Assisted Review (TAR): Our Past Blog Posts Revisited

Many who consider Magistrate Judge Peck’s recent opinion and order in Rio Tinto PLC v. Vale S.A., which he titled “Predictive Coding a.k.a. Computer Assisted Review a.k.a. Technology Assisted Review (TAR) – Da Silva Moore...more

Predictive coding after keyword screening!? Don’t miss the point of Bridgestone Americas

Magistrate Judge Joe B. Brown’s recent order permitting predictive coding in Bridgestone Americas v. International Business Machines Corporation has received a lot of attention because it allowed the use of predictive coding...more

Are You Facing the Prospect of a Merger Investigation?

If your organization is facing the prospect of a merger investigation and your lawyers haven’t raised the prospect of technology-assisted document review (“TAR”), then maybe you should be talking with someone...more

Dear Mr. Snowden: Is it reasonable to expect my attorney-client communications are confidential?

Last month, Edward Snowden provided the press a document describing “how Australian intelligence conducted surveillance of trade talks between Indonesia and the United States and, in the process, monitored communications...more

Human or Technology Assisted: Imperfect Review Can Still be Defensible (SDNY)

It’s a common refrain that, while courts have allowed the use of technology assisted review, no court has yet blessed the outcome of an imperfect technology assisted review process over the objection of another party. But...more

E-Discovery in 2013 – Waiting for Godot, Closing Kimonos, and Your World Doesn’t Just Seem Bigger

In some respects, 2013 seemed like a conversation between Vladimir and Estragon. Some commentators likened it to a simple, unified message that finally had E-Discovery practitioners, litigators in general, and affected...more

Bring Your Geek to the Supreme Court Day Cancelled for Lack of Interest

Magistrate Judge Andrew J. Peck has observed that judicial understanding and resolution of ediscovery disputes can benefit from “bring your geek to court day” — where those knowledgeable about ESI issues in a case participate...more

Letterman: Take the “e” out of eDiscovery!

Those of a certain age may recall the television show The Electric Company’s leading superhero, Letterman. He could resolve nearly any crisis by deleting, adding, or changing a letter, all while grooving to funky 70s’ music....more

A plea to LegalTech vendors and panelists talking technology-assisted review!

LegalTech New York is right around the corner. And, much like the recent Georgetown Advanced Ediscovery Institute, there will be no shortage of discussion about predictive coding/technology-assisted review (“TAR”)....more

Marital Communications are “Essential to the Preservation of Marriage” – Unless Made from a Workplace Computer

Communications between spouses are typically accorded a “marital communications privilege” because they are “regarded as so essential to the preservation of the marriage relationship as to outweigh the disadvantages to the...more

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