Civil Procedure Professional Practice Electronic Discovery

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How Tech Savvy Is Your Firm?

The times they are a changin’. A new survey, “BTI Brand Elite 2015: Client Perceptions of the Best-Branded Law Firms,” of 700 Fortune 1000 corporate counsel reveals that more law firms are turning to technology “as a source...more

Popular E-Discovery Reads on JD Supra: Predictive Coding, Social Media, Internet of Things...

A reading recap of the most well-read Electronic Discovery updates on JD Supra this month. E-discovery at the intersection of social media, BYOD, the Internet of Things, and more...more

Effort to Hide Facebook Evidence by Deactivating Account Ends Badly for Louisiana Man

As social media has become ubiquitous, courts are wrestling with more discovery disputes involving social media accounts. In a recent case, Crowe v. Marquette Transportation Co. Gulf-Inland, LLC, the plaintiff...more

Trends in Litigation Support Outsourcing

The rising costs of legal services, continuing growth of Big Data, and budget pressures have popularized legal process outsourcing over the last two decades. This can take the form of outsourcing back office functions such as...more

Allstate AGC on Managing E-Discovery In a Corporate Environment

In house attorneys and legal directors for large corporations have many responsibilities, including overseeing e-discovery activities. Our recent Federal Judges Survey on E-Discovery Best Practices & Trends revealed that many...more

Gartner Predicts the Future of Big Data’s Impact on Legal

In February, the White House appointed DJ Patil as the first “chief data scientist” in U.S. history in order to address the challenges of Big Data, who will be tasked with trying to use that data to create efficiencies,...more

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

Crime-Fraud Exception to Attorney-Client Privilege – Facebook’s Lawsuit

The crime-fraud exception to attorney-client privilege: As an attorney, you may not anticipate it applying to your emails, your letters or your advice to your client. But even if you never see it coming, your client’s...more

How Well Do You Know Your Ethical Responsibilities Surrounding the Use of Technology-Assisted Review?

Lawyers who fail to comprehend the ethical challenges surrounding the use of technology-assisted review (TAR) may unknowingly damage their clients’ cases and risk sanctions for the spoliation of evidence. Therefore, it is...more

Blog: Should Attorneys Be Paid for Litigating Their Fee Requests? Supreme Court to Decide if Fee Defense Is a ‘Cost of Doing...

In a decision that will have profound implications for insolvency professionals of all types, the U.S. Supreme Court has agreed to hear an appeal of the 5th U.S. Circuit Court of Appeals’ decision that Section 330 of the U.S....more

September 2014: Trial Practice Update

Amendments to the Federal Rules of Evidence on Hearsay Issues. The federal hearsay rules will undergo amendments later this year to (1) expand the scope of prior consistent statements such that they can be admitted as...more

Lawyer's Duty to Preserve Social Media Evidence

Lawyers must take “appropriate” steps to preserve their clients’ potentially relevant and discoverable social media evidence. That is the key take-away from an ethics opinion recently issued by the Philadelphia Bar...more

Some Considerations when Preparing to Try a Property Damage Subrogation Case in the Age of CSI

Recent criminal trials turned national media events, such as the Trayvon Martin and Casey Anthony trials, have highlighted modern jurors’ expectations for forensic evidence. Commentators have termed jurors’ expectations for...more

OCA Proposes Amendments To Extend The Discussion Of E-Discovery Issues To Non-Commercial Division Cases

In a memorandum issued on January 7, 2013, the New York Office of Court Administration (“OCA”) proposed amendments to both the Uniform Rules of the Trial Courts (22 NYCRR § 202.12(b) and (c)(3)) and the Rules of the...more

Predictive Coding in eDiscovery

Predictive Coding - what it is; when to use or not to use it; four hot cases that you MUST know about; comparing predictive coding workflow protocols; and getting a court to grant your predictive coding motion; are all...more

How to Mismanage E-Discovery in a Workplace Investigation: A gender discrimination case demonstrates the need for constant...

Originally published on i-Sight.com's blog: “How to Mismanage E-Discovery in a Workplace Investigation.” There’s no such thing as passing the buck when it comes to e-discovery. Although attorneys may assume that they can...more

Making Your Online Evidence Usable in the Courtroom by Michael Kaiser, Kaiser Legal Group

Presented by Michael Kaiser of the Kaiser Legal Group at the Seattle Continuing Legal Education seminar (CLE) "Everything You Don't Know About E-Discovery (But Wish You Did)." The CLE was held at the Washington State...more

Costs Versus Quality In Electronic Discovery Document Reviews

Apple Founder Steve Jobs’ ‘s design philosophy was “Simplicity is the ultimate sophistication.” Beginning with interactions at Vanderbilt Law School with law professors and continuing with on campus and off campus interviews...more

Congress Hears Testimony Regarding E-Discovery

On December 13, 2011, Congress held a hearing to discuss the rising costs of civil discovery, labeled, “The Costs and Burdens of Civil Discovery.” The purpose of the hearing was to inform Congress about the progress the...more

Discovery in a New World

Paper vs Electronic Documents Since 2006 the Federal Rules of Civil Procedure require producing not just paper but all electronic documents and data for trial. Defendants and their counsel must carry out this duty to...more

Providing E-Discovery Clients WIth Value

Law firms and legal departments are not harnessing the power of predictive coding and analytical technologies that can create substantial value for their clients in e-discovery. Their economically unsustainable model is based...more

Lawyers Should Turn Off "Sent From My [Smartphone]"

Lawyers are fond of their smartphones and tablets but slow to realize the potential harm of those automatic signature lines such as "sent from my iphone." This article from the July / August 2011 Palm Beach Bar Bulletin...more

Managing Electronic Discovery Costs and Risks Through Effective Notification and Communication with Vendors and Subcontractors

Marc Jenkins will be presenting “Managing Electronic Discovery Costs and Risks Through Effective Notification and Communication with Vendors and Subcontractors” at the 2011 BlueCross BlueShield Association National Summit at...more

Interoperability: The New Buzz for E-Discovery Software

The primary drive toward a more efficient electronic discovery process boils down to a concern for the bottom line: Costs skyrocket as e-discovery drags on, or if early stages of the electronic discovery reference model...more

UNIFIED and Project Counsel Launch eDiscovery/eDisclosure Document Review Center in London

LONDON (September 29, 2010) – UNIFIED OS Ltd and Project Counsel SCS announced today the launch of their new document review center in London. The center is located in heart of the city in the UNIFIED corporate...more

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