Latest Publications


LegalTech 2015 — Not so much collaboration, cooperation or transparency

I attended LegalTech 2015 this year in New York. It was a great seminar and another well done project by ALM. One wrinkle, though....more

2/17/2015 - ALM Legal Intelligence Federal Rules of Civil Procedure Predictive Coding Professional Conferences Technology Technology-Assisted Review

Big Tobacco – Attila the Hun of Corporate America

We do not sue them. They will run up millions in costs for just one lawsuit, regardless of the actual damages . They will conduct a scorched earth defense and try to simply wait until the plaintiff dies....more

1/8/2015 - Tobacco Litigation

The Contingent Fee — Leveling the Playing Field Against Insurance Companies

How do you hire an excellent attorney and pay for the services in a personal injury case? Like any other professional, the hourly fee for lawyers is largely driven by market forces, but in the case of attorneys a...more

1/6/2015 - Contingency Fees

Direct & Circumstantial Evidence – It snowed last night?

If you went to bed without snow on the ground; slept soundly all night and awoke to a snow covered ground all around you, what could you reasonable say? It snowed. You did not have to actually see the activity of snow...more

12/11/2014 - Circumstantial Evidence Direct Evidence Evidence

Penalties for Spoliation of “Tangible Objects”

Sometimes three red groupers are a “tangible object”, but mostly they are just, well, uh, fish. In the summer of 2007, boat owner and Captain, John Yates was leading a fishing trip on his boat, the “Miss Katie”....more

12/10/2014 - Fish and Wildlife Service Fishing Industry Sarbanes-Oxley Spoliation

Advertising Leaders: Come Clean with Industry Fraud

“Warning: The Internet advertising market is dangerous, unregulated and crawling with bots, scammers and questionable traffic. There’s a serious risk a quarter of your ads will never be seen by a real person. And even the...more

11/6/2014 - Advertising Fraud Internet Trade Associations

E-Discovery Cases — Herding Cats would be easier

Two disturbing cases for different, but similar reasons. When did parties jump from collection and culling of documents to simply turning over all possible evidence blindly and relying on a claw back agreement to...more

11/3/2014 - Corporate Counsel Discovery Document Productions EHR Electronically Stored Information Federal Rules of Civil Procedure HIPAA PHI Predictive Coding

Another Recall from GM

I have lost count now of how many times GM has issued a recall and the total number of vehicles recalled in the past several months by GM; I know it is in the area of over 20 million vehicles. Tragically, years of delay in...more

8/6/2014 - Automobile Recall General Motors

Tobacco Companies — Finally Being Brought to Justice

“We are reformed and vow never to be evil, devious, conspiratorial, deceitful, designing, tricky, conniving, underhanded or murderous ever again!” So goes the paraphrased prostrations of lawyer Jeff Furr, representing...more

7/14/2014 - RJ Reynolds Tobacco Litigation

Memorial Weekend Grilling — Big Meat Recall

Where’s the beef? A huge recall is underway of beef distributed by Wolverine Packing Company of Detroit Michigan. Eleven cases of E. coli infection have been reported in four states; none so far in Florida. The FDA...more

5/26/2014 - Food Recalls

EDiscovery Custodial Collection — Cooperate, Communicate and Collaborate

In any document search allowing defendants’ custodians to conduct their own searches is much like allowing the fox to guard the henhouse. Even focused and disciplined custodial collections can be fraught with problems....more

4/21/2014 - Custodians Document Productions FBI ICE Keyword Search Litigation Strategies OGC Predictive Coding Young Lawyers

GM Recall — Bad Switches, Bad Relations, Bad Acts

Why is GM in so much trouble? Is it just about bad switches or improperly operating air bags; recalls of millions of vehicles? Isn’t about more than that? Isn’t it really about corporate attitude, corporate responsibility and...more

4/16/2014 - Automotive Industry Corporate Liability Corporate Social Responsibility General Motors Product Recalls Profits

GM Recall Debacle — Placing Americans in Danger

GM is in a fix. The National Highway Transportation Safety Administration has ordered them to respond to 107 questions concerning defects in GM cars and trucks. Although GM’s CEO promised transparency in the...more

4/9/2014 - Automobile Recall Automotive Industry General Motors Motor Vehicles

An Abuse of Power — GM Recalls Nearly 7 Million Vehicles

Companies that produce products such as power tools, planes, motor vehicles and guns should be held to a higher standard of public responsibility than maybe, say blender manufacturers. A bad blender might ruin a good party,...more

4/2/2014 - Automobile Recall General Motors

Keyword Searches vs. Predictive Coding: Who wins the discovery battle?

The short answer is, it depends. Like it or not, we live in an age of “1’s and 0’s” and this digitization has made the creation of documents easier and the storage of those same documents easier and cheaper. I remember during...more

7/12/2013 - Electronically Stored Information Predictive Coding

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