Read Electronic Discovery updates, articles, and commentary from leading lawyers, law firms, and legal consultants:
The Growing Role of Social Media in Litigation and How to Prepare for It
Safeguards against Data Security Breaches (Part Two)
Information Governance Quickly Coming to the Forefront for Corporations—Recommind’s Nick Patience
Demands of E-Discovery Technology Drives the Creation of New Software
Predictive Coding’s ROI Outpaces Other Processes Even As Technology Costs Rise
Technology and the Law Come Together at Raytheon—Woods Abbott
An E-Discovery Litigator’s Perspective on LegalTech New York 2013
LPOs Stealing Deal Work from Law Firms
How Corporations Are Using Technology to Manage Costs of Discovery
Information Governance Will Replace Predictive Coding As Biggest Trend in E-Discovery—Judge Peck
Proportionality: Why Considering Value of Case Is Important in Discovery—Judge Baylson
Three Key Data Retention Questions
Social Media Workplace Policies
How Lawyers Can Navigate the Current Messy State of EDiscovery
Top 3 Concerns in Data Security
Social Media as Evidence: Challenges & Considerations
Cybersecurity and Data Privacy: Big Data and the Law
When your Boss is spying on You at Work
LXBN This Week Ep. 2: EEOC on Criminal Records & Transgender Discrimination, BP Oil Spill Arrest, AZ Immigration Law at SCOTUS
Manage your electronic data before facing litigation. Melissa Darigan, Litigation Attorney
Adrenaline and its effects is the crushing elephant in the room of every courthouse across the country. Lawyers strung out on adrenaline are crowding our courtrooms with lawsuits that never end, disputes that never get...more
It is not really a surprise when a celebrity makes the news after being sued; we see it happen all time. Those cases typically involve some sort of misconduct, domestic issue, or some other media-driven dispute. It is not...more
We are in the midst of a big data explosion. E-discovery, metadata, black box data, cell phone records, social media … the list goes on and on. Last Friday at the American Board of Trial Advocates (ABOTA) Masters in Trial in...more
On August 14, 2012, Judge William A. Mayhew of Stanislaw Superior Court issued his Notice of Hearing on Issues Re Remand in the case of Debra Coito v. State of California. The order requested that the following issues to be...more
Social media continues to be important in litigation, especially in cases where the plaintiff alleges damages for emotional distress or mental injury. Courts are increasingly allowing discovery of the plaintiff's social media...more
Part Two in a multi-part series on the topic. In Part One of this series, we discussed California’s Electronic Discovery Act, which established procedures for parties to discover electronically stored information (“ESI”)...more
Just wondering, but what does the phrase "acted with substantial justification" mean in the sanctions statute for motion to compel depo testimony, CCP 2025.480 (pdf)? Does it mean the conduct that led the moving party to...more
A party should use supplemental interrogatories and demands in an efficient and effective manner. They should be sent at least once a year and no later then 90 days before trial. The responses you obtain should direct you...more
On June 21, a New York state appellate court held that an electronically signed affirmation is admissible under state court rules. Martin v. Portexit Corp., No. 303854/07, 2012 WL 2344889 (N.Y. App. Div. June 21, 2012)....more
ARTICLE ABSTRACT Changes are coming to existing rules and specifically include amendments to address ESI within Florida Civil Procedure Rules 1.200, 1.201, 1.280, 1.340, 1.350, 1.380 and 1.410 of the Florida Rules of Civil...more
Over lunch last week, a local attorney was complaining to me about his case that is going to trial in July. On the last day to serve written discovery, Plaintiff counsel had served each of his five clients, on behalf of each...more
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
A step-by-step guide, with discovery examples and specific case references, on how to obtain Facebook content in your cases. ...more
The purpose of the “meet and confer” requirements set forth in C.C.P. §§ 25.450(b)(2)), 2025.480, 2030.300(b), 2031.310(b), 2032.250 and 2033.290 was for the lawyers to revisit their position, in good faith discuss a...more
What do you do when you are being out muscled by a party who has deep pockets and a lawyer who's intent is to abuse the discovery process and run up his bills. ANSWER--GET THE COURT INVOLVED!!...more
In responding to Requests for Production of documents you have three response choices (1) agree to produce (C.C.P. §2031.220); (2) state that after a diligent search and a reasonable inquiry you have no documents (C.C.P....more
Civil Litigators are well aware that there is an increasing trend in Social Media Discovery litigation in the Pennsylvania courts (and nationwide). Insurance defense counsel Daniel E. Cummins of the Scranton law firm of...more
Last spring I had the pleasure of taking a tour of the Royal Globe Theatre in London, England. On display there was a plaque titled "Quoting Shakespeare." It brought a smile to my face when I read the passage as I realized...more
Another Ontario Superior Court judge has ordered an MVA plaintiff to preserve, print, and produce to the defendant her Facebook photographs....more
An Ontario Superior Court judge has ordered a plaintiff to re-attend an examination for discovery to answer questions about photographs of himself that he posted on his Facebook or MySpace pages. He also ordered the...more
To determine whether or not a responding party has made a reasonable inquiry, you must determine where the responding party searched (what efforts were made), who did they talk to (did they make an inquiry to their legal...more
Ediscovery is dreadfully expensive. Plaintiffs are dedicated to keeping it that way, as they know that anything that drives up a defendant’s litigation costs (and mass tort ediscovery falls disproportionately on defendants)...more
Have you ever received a response to requests for production of documents that says: After a diligent search and a reasonable inquiry has been made in an effort to comply with this Request, there are no documents within...more
Personal injury / medical malpractice plaintiffs must produce Facebook data as ordered by Fort Lauderdale, Florida court....more
Brief and to the point updates on MS, 5th Circuit and national legal news of importance....more
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