Civil Procedure Professional Practice Electronic Discovery

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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

Considering the Ethical Challenges in eDiscovery - Overview with Tom O'Connor

Developed in conjunction with industry expert and commentator Tom O'Connor, the attached 35 slide presentation covers key considerations in the area of ethics and eDiscovery. Key points covered in this presentation...more

Discovering ESI- Self-Reliance and Rule 26

ESI—Electronically Stored Information. FRCivP now requires an early conference among attorneys to discuss and plan discovery, including ESI. The Internet and ESI makes discovery easier, but also increases the volume...more

Developing A Discovery Plan For Litigation

Checklist for preparing a discovery plan to prepare for litigation with an eye towards trial....more

Bizilaw Newsletter June 2010 - The Litigation Issue

In this issue of the Bizilaw Newsletter, we introduce - A. The launch of a new Litigation Technology & Support division in Bizibody . Headed by Serena Lim, this new division aims to help litigation lawyers harness...more

California Beneficiary v. California Trust

Petition Determine Validity of Trust, Accounting, Remove Trustees, Breach of Trust

PETITION TO DETERMINE VALIDITY OF PURPORTED TRUST AMENDMENT; SUSPEND AND REMOVE CO-TRUSTEES AND APPOINTMENT OF SUCCESSOR TRUSTEE; FOR OTHER RELIEF FOR BREACH OF TRUST; FOR AN ACCOUNTING; FOR INSTRUCTIONS [PROBATE CODE...more

Electronic Discovery Cost and Benefit

Legal discovery can impact your organization in signifi cant ways.nThe direct costs of expert assistance add up quickly. Thenindirect costs of disruption impair the focus on the businessnmission. A key consideration is where...more

Presenting Dispositive Motions to the Court, The Judge's Perspective

This is a discussion of the ideal form for motions, responses, proposed orders, and presentations in oral hearings for a litigant. These are my opinions based on my extensive litigation practice, as well as my time on the...more

A Graphical Depiction of the Sequence and Chronology of "Meet and Confer"

A simple graphical overview of the sequence and chronology of FRCP 26(f) "Meet and Confer". Source: OrangeLT.com...more

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