Sheila Mackay

Sheila Mackay

Xerox Litigation Services

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Latest Publications


Success in Discovery Requires More Than the Best-Laid Plans of Mice and Men

According to popular legend, in 1786, Scottish poet Robert Burns wrote that the “best-laid plans of mice and men often go awry” as part of his apology to a mouse whose nest he destroyed while ploughing a field. These words...more

10/12/2015 - Breach of Contract Court of Federal Claims Custodian of Records Discovery Document Productions Federal Contractors Motion to Compel Spoliation

Don’t Let Your Lack of Audio Discovery Speak Volumes

Even for organizations not subject to laws that require them to keep certain oral communications, such as the Dodd-Frank Wall Street Reform and Consumer Protection Act, audio recordings are becoming more prevalent in requests...more

9/9/2015 - Audio Recording Discovery Electronic Communications

Controlling the $7 Billion Patent Troll Litigation Machine

Nearly $7 billion: that is the projected cost of litigation filed by non-practicing entities, or patent trolls, in 2015. A recent report by Unified Patents revealed that patent case filings are expected to surpass 6,100 this...more

7/17/2015 - Cost-Shifting Discovery Document Productions Electronically Stored Information Litigation Fees & Costs Non-Practicing Entities Patent Litigation Patent Trolls Popular Tech Industry

Don’t TAR and Feather Technology in E-Discovery

In the three years since the watershed decision in Da Silva Moore v. Publicis Groupe, technology-assisted review (TAR) has transformed from being a merely “acceptable way to search for relevant” ESI into “black letter law...more

3/12/2015 - Discovery Electronically Stored Information Seed Set Technology-Assisted Review Transparency

Is Your ITAR Controlled Data AWOL?

Do you know whether your business is covered by the International Traffic in Arms Regulations (ITAR)? Even if your organization does not export military products and services, ITAR’s coverage extends to entities that handle...more

2/13/2015 - Chief Compliance Officers Data Protection Defense Sector ITAR USML

A Case Study: Technology-Assisted Review Versus Search Terms

In a recent multibillion-dollar fraud case, a global financial services company had three months to identify, collect, process, review, and produce responsive documents from a collection of 30 million documents. Given the...more

11/20/2014 - Discovery Technology-Assisted Review

Haggle in Discovery at Your Own Risk

Attention has recently been paid to the duty of competence outlined in comment 8 to ABA Model Rule of Professional Conduct 1.1, which requires lawyers to understand the “benefits and risks associated with relevant...more

10/28/2014 - Discovery Good Faith Negotiations Rules of Professional Conduct

Technology-Assisted Review Is Not an “Unproven Technology”

During discovery in Dynamo Holdings Limited Partnership, Petitioner v. Commissioner of Internal Revenue, the IRS filed a motion to compel two taxpayers to produce two backup storage tapes, copies of the tapes, or their...more

10/3/2014 - Discovery Electronically Stored Information IRS Technology-Assisted Review

How To Integrate E-Discovery Into Business Processes In Five Steps

With little notice, compliance officers, in-house counsel, and other legal professionals for organizations in the oil and gas industry may be required to hand over sensitive files in response to compliance, regulatory, or...more

9/17/2014 - Best Management Practices Chief Compliance Officers Electronically Stored Information Oil & Gas

A More Progressive Case for the Use of Technology-Assisted Review

As we mentioned in a recent blog post, a federal magistrate judge in the District of Nevada recently refused to allow a party to use technology-assisted review (TAR) on top of its use of search terms to screen documents...more

8/13/2014 - Algorithms Technology Technology-Assisted Review

The Long Arm of E-Discovery Stretches Overseas

Earlier this year, Kazuaki Fujitani, the general manager of a Japanese company’s sales division, pled guilty to obstruction of justice for destroying numerous e-mails and other documents in a federal investigation by the...more

5/20/2014 - Criminal Prosecution Destruction of Evidence Duty to Preserve International Litigation Litigation Hold Long Arm Statute Obstruction of Justice Price-Fixing Spoliation

Quality Control Is Job 1

In January, U.S. Magistrate Judge Paul S. Grewal sanctioned Samsung and its law firm for a series of violations involving the disclosure of a document containing confidential information in contravention of the court’s...more

4/16/2014 - Apple v Samsung Confidential Information Discovery Litigation Fees & Costs Patents Protective Orders Quality Control Plan Redaction Reimbursements Sanctions

Cybersecurity Is Not Just an IT Issue; It’s an IG Issue

For leaders and counsel in many organizations, the word “cybersecurity” typically triggers concerns about the IT department, conjuring images of hackers and requiring unfamiliar terminology such as “firewalls” and...more

4/1/2014 - Critical Infrastructure Sectors Cybersecurity Data Breach Discovery Executive Orders Gramm-Leach-Blilely Act NIST Risk Assessment Target Technology-Assisted Review

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