If you ask an opposing party about the details of their document collection; the custodians interviewed; the keywords searched; or the culling approaches used; you are likely to get one response, a quickly erected brick wall....more
Florida is sunny and a great place to live or work; but we can be a little slow to except new things.
Florida Rules of Civil Procedure were amended a couple of years ago to include at least the mention of electronic...more
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
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
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
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
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
“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
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
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
“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
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
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
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
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
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
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