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

C Stands for Cake and Client

A recent New Jersey Law Journal article by John R. Kirk discusses what Apple can teach law firms about engaging with clients. According to Kirk, it’s all about asking customers the right questions. A similar question can be...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

Why Legal Directors are Bringing E-Discovery In House

The responsibilities of any corporate law department leader tasked with overseeing e-discovery, whether he or she carries the title of legal director or something similar, revolve around two core business objectives:...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

[Webinar] Power-up Your Privilege Review: Protecting Privileged Materials in Ediscovery - April 29, 12-1pm CST

With the growth of information subject to privilege reviews and the increased role of technology, protecting privileged documents is one of the most critical issues for lawyers and legal teams working on an ediscovery...more

Streaming At The Edge Of The Law

One of this year’s themes at the South by Southwest (SxSW) festival is “Surviving the Shift: Rethinking Music and Data.” The music industry is transforming itself as the trend in buying music shifts from digital download to...more

From ‘Akzo’ to ‘Loi Macron’: There is still no Legal Privilege for In-House Lawyers in France

A significant difference between the French and U.S. and UK legal systems is in the understanding of legal privilege: it does not exist for in-house counsel in France....more

And the Academy Award for the Most Competent E-Discovery Counsel Goes To . . .

After all the jokes were told, the statuettes (both Lego and real) were handed out, and the speeches were made, one image stood out above the rest from this year’s Academy Awards: John Travolta clutching the chin of “Adele...more

Legal Ethics and Social Media: What Pre-Litigation Advice May an Attorney Provide to His or Her Client?

When meeting with your client about a matter that will likely result in litigation, what advice can you give your client about privacy settings and removal of information from social media in the pre-litigation setting? The...more

Why Legal Should Care About Information Governance

Not surprisingly, information governance (IG) was the hot topic at LegalTech New York earlier this month. While awareness around IG is certainly increasing, there is still a lot of ambiguity around what effective IG policies...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

Special Report: The Hot-ish Swag at LegalTech New York 2015  [Video]

Feb. 6, 2015 (Mimesis Law) Scott Greenfield checks out the swag vendors gave out at this year's LegalTech New York. Who went cheap? Who had the best gear? There's only one way to find out...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

In the Cybersecurity Hot Seat: How Law Firms are Optimizing Security While Reducing Cost and Risk

Your Highest Priority is also Your Greatest Challenge - Data breaches are not just dramatic headlines in the Wall Street Journal and New York Times—they are events that increasingly are affecting companies and...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

Why Even the Most Cutthroat Lawyer Should Want to Cooperate

Litigants are rarely genuinely interested in cooperation during litigation. Litigation is, after all, an adversarial proceeding where one side hopes to win while the other side loses. In some instances, it seems like the...more

A Wake-Up Call To Counsel Over ESI Discovery

The recent case of Brown v. Tellermate Holdings Ltd. is noteworthy for its imposition of near-terminal evidentiary sanctions, and order directing counsel and defendant to jointly pay plaintiffs’ cost of bringing motions to...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

You Can Take It With You: Bringing An E-Discovery Case To Your New Firm

Congratulations: you have a new job with a new firm and your client with the “e-Discovery case” wants to come with you, the only “e-Discovery” expert lawyer that it trusts to represent it. But it may not be as simple as...more

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