Sheila Mackay

Sheila Mackay

Xerox Litigation Services

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Latest Publications


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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