Civil Procedure Professional Practice

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Choreography for the Courtroom - Part Two: The Performance

The rehearsals are over and the morning of the big performance has arrived. Emotions are high and the anxiety in the air is thick. It is time to execute what you have been practicing and hope you receive a standing ovation...more

CFPB settles FDCPA claims against debt collection law firms

The CFPB announced that it has entered into a consent order with two law firms specializing in the collection of medical debts and their president for alleged FDCPA violations.  The consent order also settles allegations that...more

Choreography for the Courtroom - Part One: The Rehearsals

As an actress and dancer, I know how important it is to ensure that the members of your cast know their lines, the choreography and are ready to stay on their toes to compensate for any mistakes that are made during a live...more

For Your Project to Succeed, You May Need To Be a “Debbie Downer”: eDiscovery Best Practices

Everybody knows somebody like this.  In eDiscovery terms, it might sound like this: “The zip file will probably be corrupt and we’ll probably have to spend a lot of time trying to repair it.”  WOMP WOMP! Or...more

California Supreme Court Limits Attorney-Client Privilege for Lawyer Invoices

In a 4-3 decision, the California Supreme Court ruled that attorney invoices submitted to public agencies are not categorically exempt from disclosure under the California Public Records Act. Los Angeles County Board of...more

Pro Hac Vice Admission Required before Connecticut Agencies

In 2015, the Connecticut Supreme Court concluded that the Judicial Branch has the sole authority to license and regulate the general practice of law in Connecticut. See Persels & Associates, LLC v. Banking Commissioner, 318...more

Is This the Age of Technical Competence for Attorneys?: eDiscovery Trends

Last year, I led off the year with a post declaring that the age of eDiscovery automation is upon us (even with an exclamation point for emphasis!). Was that the case?...more

Exterro's Legal Matter Closing Checklist

You’re excited that a legal matter is finally over and done with, but what’s often forgotten is that there are a number steps legal teams must take before a matter is officially closed....more

What is De-Duplication and How Do I Do It?

When collecting electronically stored information (“ESI”) from multiple custodians (i.e., various individuals/ different sources), there will necessarily be duplicative documents collected in the process. In company-wide...more

[Event] PREX17 — The Premier Conference for Corporate E-Discovery Professionals - September 12-14th, Portland, OR

Now in it’s sixth year, PREX has emerged as the premier conference specifically designed to meet the needs of in-house e-discovery professionals. After attending PREX17, you will return to your desk the following Monday with...more

Arbitrate with Caution – Avoiding the Unauthorized Practice of Law

As technology continues to progress and enable companies and individual clients to do business in multiple jurisdictions, the prevalence of the multijurisdictional practice of law (MJP) is increasing for attorneys and law...more

Missed the eDiscovery Business Confidence Webinar? Here is Where You Can Still Check it Out: eDiscovery Trends

On Wednesday, ACEDS hosted a webinar (sponsored by CloudNine) where we discussed results from the Fall 2016 eDiscovery Business Confidence Survey, which was conducted last month with the results published on Rob Robinson’s...more

Wake-Up Call: Law Firms in the Cybersecurity Crosshairs

Last week marked the first time a U.S. law firm was publicly named in a class action data security lawsuit. Originally filed in April 2016, the class action complaint in Shore v. Johnson & Bell, Ltd., 16-cv-4363 (N.D. Ill.),...more

Five Tips for Taking Depositions in South Korea

Are you heading off to South Korea for the first time on a mission to take a deposition and not sure where to start? Here are a few quick tips to help avoid international pitfalls: 1. Location, Location, Location! Need a...more

E-Discovery — Setting standards, not cover

The Sedona Conference has a slogan: “Moving the law forward in a reasoned and just way”. That slogan is exactly the way I have described this impressive organization and what do....more

Ohio Supreme Court Amends Attorney Rules Of Professional Conduct To Specifically Allow Attorneys To Provide Legal Services To...

As previously reported in a Reminger Report back in September of this year, in June of 2016 the Ohio legislature passed a law to allow medical marijuana in Ohio. The law, which was passed was significantly more stringent...more

It May Be FALL, But eDiscovery Business Confidence Is On The RISE: eDiscovery Trends

The results are in from the ACEDS and Complex Discovery Fall 2016 eDiscovery Business Confidence Survey, which was conducted last month and (as was the case for the Winter, Spring and Summer surveys) the results are published...more

Make Sure Your Summary Judgment Pleadings Are Appeal Ready

Because summary judgment rulings are reviewed under a de novo standard, they are one of the most common types of orders overturned on appeal. Here are some suggestions for stacking the deck in your favor....more

From Federal Procedure Rules to State Bar Association Rules —Lawyers Need Tech Skills to Remain Competent

Today, amendments to the Federal Rules of Appellate, Civil, Criminal, and Bankruptcy Procedure go into effect. Based on these amendments, litigators may want to brush up on their tech skills. In fact, litigators may be...more

The Light that Shone One Dim Winter Afternoon: The Story of the First E-Discovery Day Celebration

E-Discovery Day is just around the corner, and people are already gearing up for a great lineup of webcasts with speakers from across the industry, as well as live events in various cities across the US. December 1st is the...more

California Attorneys – Who Files Original Deposition Transcript?

Recently I read a stipulation by Southern California attorneys that the court reporter was relieved of his duty to file the original deposition transcript with the court.   Filing the original deposition transcript with the...more

Public Comment Period Extended for Commentary on Defense of Process: eDiscovery Best Practices

As we noted a couple of months ago, The Sedona Conference® Working Group on Electronic Document Retention and Production (WG1) has issued a Public Comment Version of a new Principles and Guidelines for Developing and...more

In-Firm Privilege: Lawyers Have Legal Problems Too

For many years in the modern era of law firms, a few federal district court decisions starting in the 1980s set forth the notion that lawyers and law firms could not invoke the attorney-client privilege to shelter...more

Does Your Legal Team Measure Up? Find Out with Exterro’s 2016 In-House Legal Benchmarking Report

Benchmarking as a form of measurement began with cobblers having the shoe buyer put their foot on a bench to be measured and marked. Then the term was used by surveyors who would establish a “bench mark” on a permanent object...more

Singapore Ranks #1 in Recent Survey of Expats

A most interesting report showing results of a survey was just released by HSBC. In the Expat Explorer Survey, created to measure which countries are the most enjoyable to expats, HSBC shares results in three categories –...more

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