Science, Computers & Technology, Civil Procedure, Electronic Discovery

BABC eDiscovery Newsletter - April 2013

by Brie Buchanan, Ty Dedmon, David Deusner, Kyle Hankey, Jonathan Head, Jessica Jones, Riley Key, Ann Phelps, Avery Simmons, Paul Smith, Fritz Spainhour, Frankie Spero | Bradley Arant Boult Cummings LLP on 5/10/2013

In this issue: - The Firm’s Ediscovery Team Attorneys - Case Insights - Editor’s Corner - Excerpt from Peerless Industries, Inc. v. Crimson Av, LLC, Case No. 1:11-cv-1768, 2013 U.S. Dist. LEXIS...more

Court Permits Combination of Predictive Coding and Keyword Search

by Stephanie A. Blair, Graham Rollins | Morgan Lewis on 5/9/2013

Focusing on precision rather than recall, district court finds that process complies with discovery obligations....more

Evolving Judicial Attitudes Towards Predictive Coding Suggest It May Soon Be Time to Retire the Defensibility Question

by Akiva Cohen | Foley & Lardner LLP on 4/12/2013

As predictive coding technology began garnering attention, one of the earliest and most common questions among attorneys paying attention to e-Discovery issues – probably the second most common question, right after “does it...more

E-Discovery Of Digital Images And Video

by James G. Ryan | Cullen and Dykman LLP on 3/11/2013

Cell phones and tablets have become the modern day Swiss Army Knife, the key to survival when navigating the treacherous trails of daily life. Not only can these devices guide you through the vast array of potential...more

What Does the Crystal Ball Say on the Future of Technology Assisted Review?

by Joanne Lee | Foley & Lardner LLP on 3/5/2013

The day when robots start doing legal work might come sooner than you think. Indeed, courts and litigants across the country appear to have a laserbeam focus on the newest entrant to the E-Discovery scene: computer assisted...more

Computer-Assisted Review Costs Awarded in California Patent Case

by Stephanie A. Blair, Jennifer Williams | Morgan Lewis on 3/4/2013

Court finds that using technology to undertake more efficient document review is reasonable. On February 1, Judge Anthony J. Battaglia of the U.S. District Court for the Southern District of California awarded more...more

Court Quotes Mark Zuckerberg’s Opinion Of Where Privacy Is Going On The Web

by Justin Capuano | Cullen and Dykman LLP on 2/20/2013

Since this blog’s inception we have frequently posted about the discovery of social media content; however, it is rare, indeed, when a decision we review cites to the opinion of a social media website’s chief executive...more

Law Firms And Cloud Computing

by Arturo A Castro | Cullen and Dykman LLP on 12/28/2012

The term “cloud computing” has been tossed about as the new trend in IT. Unfortunately, just as often has you hear the term echoed as the “next big thing” a comprehensible definition rarely follows. So what is cloud...more

On metadata: The document speaks for itself (but does it say too much?)

by Miles Cooper on 12/18/2012

Metadata as blessing and burden - The settlement agreement I drafted took a lengthy path before it came back to me. My opposing counsel’s assistant opened it first. Then it was forwarded to an associate. The associate...more

Predictive Coding Comes of Age

by Quinn Emanuel Urquhart & Sullivan, LLP on 11/30/2012

So-called “predictive coding” — using a small number of manually-coded documents to analyze and predict appropriate coding for a much larger set of documents — has become a hot topic in e-discovery. This past year brought the...more

Chancery Court Endorses Predictive Coding

by Bracewell & Giuliani LLP on 11/7/2012

Signaling the growing acceptance of predictive coding of electronically stored information - a process by which computer algorithms determine whether a document is relevant - the Delaware Chancery Court this month for the...more

Delaware Chancellery Court Sua Sponte Orders Parties to Use Predictive Coding

by Orrick, Herrington & Sutcliffe LLP on 10/28/2012

On October 15, 2012, Vice Chancellor J. Travis Laster of the Delaware Court of Chancellery ordered the parties in EORHB, Inc., et al. v. HOA Holdings, Inc., et al., Case No. 7409-VCL (Del. Ch. Ct. Oct. 15, 2012) to utilize...more

Three Drawbacks to Keyword Searches for Finding Electronic Evidence Know your limits when searching for electronically stored...

by Carlton Fields on 10/22/2012

Originally published on i-Sight.com's blog: “3 Drawbacks to Keyword Searches for Finding Electronic Evidence.” The plethora of electronically stored information (ESI) being created on an annual basis creates challenges and...more

The Brief - Fall 2012 - Vol.42, No. 1 - October 17, 2012: "Meeting Your Duties Regarding Electronically Stored Information"

by Nexsen Pruet, PLLC on 10/18/2012

Originally published in ABA Tort Trial & Insurance Practice Section's The Brief in Fall 2012. The law governing electronically stored information (ESI) has been developing at a rapid rate for at least 15 years. For those...more

Simple Solutions: Optical Character Recognition with ABBYY FineReader 11

by Cullen and Dykman LLP on 10/15/2012

In modern litigation, the discovery process is often lengthy and expensive, depending on the complexity of the issues and the amount of documents that may need to be produced....more

Sanctioning Spoliation of Evidence

by Matthew Eandi | Ervin Cohen & Jessup LLP on 10/2/2012

Today’s Take: Sanctions for the Automatic Deletion of Evidence by Computers In my recent blog post entitled Preserving Evidence Through Demand Letters, we discussed how a demand letter can trigger the duty to preserve...more

Social Media and Discovery: New Technology, but the Old Rules Still Apply

by Miller Canfield on 9/30/2012

Originally published in Laches (Aug. 2011). 1. SOCIAL MEDIA INFORMATION IS GENERALLY DISCOVERABLE Social media has dramatically changed how humans interact with each other and the digital footprint left by...more

The Trend Towards Greater Adoption of Predictive Coding: the Good, the Bad, and the Ugly

by Orrick, Herrington & Sutcliffe LLP on 9/7/2012

Predictive coding, also known as automated review, represents an evolving technology that provides litigants with a computer-assisted alternative to manual review of large document sets. Although numerous implementations of...more

E-Discovery Rule Amendments Adopted by Florida Supreme Court

by Lawrence Kolin on 9/1/2012

E-discovery rule amendments adopted by Florida Supreme Court This summer, the Supreme Court of Florida finally approved E-discovery rule amendments proposed by The Florida Bar’s Civil Procedure Rules Standing Committee. The...more

Predictive Coding in eDiscovery

by Frederick Kopec on 8/22/2012

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

Auto-Delete Leads to Failure to Preserve Evidence

by Miller Canfield on 8/6/2012

In a patent infringement suit by Apple, Inc. against Samsung Electronics Co, LTD, Apple filed a motion for an adverse inference jury instruction based on Samsung's alleged spoliation – the failure to preserve relevant...more

A New Discovery -- How leveraging e-discovery tools can reduce the time and money spent on a lawsuit

by Ropers, Majeski, Kohn & Bentley on 8/2/2012

Originally pulished in the August 2012 issue of Smart Business Northern California. Litigation is not only costly but also extremely time consuming, especially when it comes to document review and evidence procurement....more

e-Discovery Update: Increasing Judicial Acceptance of Computer-Assisted Document Review

by White & Case LLP on 7/19/2012

In recent months, three different courts have considered the use of computer assisted review of documents to select relevant materials for production in connection with litigation. The decisions by two of these courts...more

Google's Privilege Claim: A Cautionary Tale

by Miller Canfield on 7/17/2012

Winnie the Pooh feared the Heffalumps and Woozles that he believed inhabited the Hundred Acre Wood, although he never saw one. There are things that lurk in the woods of e-discovery that lawyers can’t see either…like the...more

Predictive Coding Gaining Popularity in Complex Litigation

by Dinsmore & Shohl LLP on 7/6/2012

Think about how many emails, text messages and instant messages you send and receive each day. According to The Radicati Group, the average corporate employee sends and receives about 110 emails per day and the number doubles...more

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Science, Computers & Technology › Civil Procedure › Electronic Discovery