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Civil Procedure Professional Practice

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

Clear Notice of Alteration of the Attorney-Client Relationship

by Wilson Elser on

In Thomas Cesso v. Gary Owen Todd, Massachusetts Appeals Court 16-9-76 (August 28, 2017), the Massachusetts Appeals Court held that filing a notice of withdrawal does not necessarily terminate the attorney-client...more

Avoiding Glittering Generalities in Selecting eDiscovery Software – Considering Cost: eDiscovery Best Practices

by CloudNine on

...Budgetary constraints are a common hurdle for law firms and legal departments seeking to address the legal, technological, and business elements of eDiscovery. This economic constraint is compounded by the lack of...more

4 Useful Tips for Interpretation Preparation

by Planet Depos, LLC on

Interpreting highly technical depositions is a grueling task, both mentally and physically exhausting for even the most seasoned interpreter. The best interpreters want to prepare well in advance for such depositions, to...more

Avoiding Glittering Generalities in Selecting eDiscovery Software – Considering Complexity: eDiscovery Best Practices

by CloudNine on

...The ability of eDiscovery software to deal with data complexity such as being able to ingest and process an increasing number of data formats is one of the most important challenges faced by eDiscovery professionals today....more

E-Discovery and Big Data Partner Up (Or How to Cut Time and Costs by 50%)

by Exterro, Inc. on

Imagine finding a specialty wrench in a garage that is clean and ordered, one where everything has a specific place and those places were chosen based on practicality and ease of use. Now imagine trying to find the same...more

Avoiding Glittering Generalities in Selecting eDiscovery Software – Considering Capability: eDiscovery Best Practices

by CloudNine on

...Once the security of a potential solution has been considered, the next reasonable area of examination and evaluation is that of capability. Assessing capability is just determining whether or not a solution can accomplish...more

Avoiding Glittering Generalities in Selecting eDiscovery Software – Considering Security: eDiscovery Best Practices

by CloudNine on

...The security of data is fast becoming one of the most prominent and visible areas of concern in the selection of eDiscovery software solutions. With public examples of data security failures increasing in regularity and...more

Avoiding Glittering Generalities in Selecting eDiscovery Software: eDiscovery Best Practices

by CloudNine on

...Forget the glittering generalities of opinioned providers and professionals trying to champion a particular approach to eDiscovery at the exclusion of others. The reality is that on-premise and off-premise solutions...more

Be Prepared! Don’t Show Up to Your Rule 26(F) Meet-and-Confer With Nothing But a Boilerplate

by Exterro, Inc. on

FRCP Rule 26(f) stipulates a conference of the parties so that they might plan for discover. - Who: The attorneys of record and all unrepresented parties that have appeared in the case - What: Parties must consider the...more

What To Consider When Selecting A Room For Your Video Deposition

by Planet Depos, LLC on

When setting up a video deposition, there are several important components to consider. The first order of business is determining your client’s availability, as well as that of opposing counsel. Other considerations include...more

Perspectives for the Professions Newsletter - September 2017: Standing of Complainants on Judicial Review

by Field Law on

Del Valle v Law Society, 2017 NWTSC 29, holding that a complainant has no standing to bring an application for judicial review to challenge the merits of a regulator’s decision to dismiss a complaint....more

When You Have a Lot of Custodians, Life Can Be a Batch: eDiscovery Best Practices

by CloudNine on

After Tom O’Connor and I hosted the webcast On Premise or Off Premise? A Look At Security Approaches to eDiscovery where we discussed the pros and cons of on premise and off premise (i.e., cloud) solutions last month, I...more

Accountant and Attorney Liability NewsBrief - Fall 2017

by LeClairRyan on

Our attorneys have published the Fall 2017 edition of LeClairRyan's Accountant and Attorney Liability NewsBrief. In this issue: - Supreme Court Limits SEC Disgorgement to Five Years - Revised Form I-9 Released:...more

Ruling Elevates Conflicts Considerations in Insurance/Tripartite Relationship Cases - After Washington Supreme Court Decision,...

by Holland & Knight LLP on

• Relationships between insurer, insured and insurer-appointed defense counsel – also known as the "tripartite relationship" – have long been recognized as a potential source of conflicts of interest. By a 5-4 majority in...more

How Much Circumstantial Evidence is Enough for Spoliation Sanctions?

by Exterro, Inc. on

We’ve all heard, “It’s not whether you win or lose, but how you play the game.” But how you play the game is often a big part of ending up on the winning side in e-discovery. In today’s world, it has almost become normal that...more

“Primed” to Learn About Rule 34 of the FRCP? Here’s a New Primer from The Sedona Conference: eDiscovery Best Practices

by CloudNine on

As Tom O’Connor and I discussed last week in our ACEDS webinar Key eDiscovery Case Law Review for First Half of 2017 (here’s a link if you missed it), we’re seeing lots of cases that relate to disputes associated with Rule 34...more

Boston Red Sox Caught Using Apple Watches to Steal Signals from Yankees During Games

by Exterro, Inc. on

“Boston Red Sox Used Spy Watches to Steal Signs Against Yankees!” It’s a headline that you could imagine being in a 1950’s comic book, but in 2017 this type of thing has become fairly normal. In this case, the New York Times...more

Nebraska is the Twenty Eighth State to Adopt Duty of Technology Competence: eDiscovery Trends

by CloudNine on

One of my favorite legal blogs is the LawSites blog by Bob Ambrogi. Bob is a prolific blogger who writes several posts a week, not only on his LawSites blog, but also on MediaLaw, and he co-authors Law.com’s Legal Blog...more

What I Learned from Finding Nemo About Custodian Identification in E-Discovery Matters

by Exterro, Inc. on

In Pixar’s wonderful animated feature, “Finding Nemo,” Marlin, a clown fish who lives in the Great Barrier Reef (and is the title character’s dad), spends nearly the entire film trying to find his son, Nemo, by locating,...more

Ten Items to Keep in Mind When Considering Cloud Providers: Cybersecurity Best Practices

by CloudNine on

In my webcast discussion with Tom O’Connor yesterday, we had a terrific discussion of several pros and cons of both on-premise and off-premise (cloud) eDiscovery technology solutions as well as other factors to consider...more

Helpful Tips To Make Your Mobile Videoconference Great

by Planet Depos, LLC on

Do you have an upcoming mobile videoconference? Whether it’s for a deposition, a business event, or maybe a MLB morning meeting, these tips will help you ensure your videoconference goes smoothly....more

Recent Massachusetts AG consent order places new requirements on debt collection law firm

by Ballard Spahr LLP on

In a recent consent order with a legal collection law firm, the Massachusetts Attorney General imposed significant restrictions on legal collection that go beyond previous CFPB consent orders, which we covered here. We...more

Is the single end-to-end e-discovery platform a unicorn? Not according to this legal team!

by Exterro, Inc. on

In the e-discovery world, common knowledge says that a true end-to-end in-house process/single software solution doesn’t exist. But Linda Luperchio, Director of Information Lifecycle Governance and E-Discovery at Hanover,...more

12 Important Tips When Preparing For Videotaped Depositions

by Planet Depos, LLC on

The Planet Depos Trial Services Consultants have created a list of important tips for you when you prepare for videotaped depositions...more

Thursday’s ILTACON 2017 Sessions: eDiscovery Trends

by CloudNine on

As noted Monday, Tuesday and yesterday, the International Legal Technology Association (ILTA) annual educational conference of 2017 (otherwise known as ILTACON) is happening this week and eDiscovery Daily will be reporting...more

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