Science, Computers & Technology Electronic Discovery

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This Week in FCPA-Episode 11 [Video]

In this episode, Jay Rosen and I discuss the Analogic FCPA settlement, the VW emissions-testing scandal settlement, the implications of Brexit for compliance and some significant deaths in the worlds of music and sports. ...more

Be Our Guest: Exterro Launches “The Simplified E-Discovery Case Law Library”

Libraries are cool. Just look at Sam's enrapt expression on seeing the great library at The Citadel in the season finale of Game of Thrones from this past weekend. And of course, The Citadel's library gives nods to other...more

How to Avoid Double Trouble in eDiscovery

Duplicates abound in data collections, between custodians storing files in multiple locations—on servers, laptops and mobile devices—and e-mail chains sent to numerous custodians. A federal court recently acknowledged how...more

Why Speed Matters in Determining Your E-Discovery Workflow

Accelerating the pace of e-discovery improves early case assessment workflows and prevents stress on court day. Often overlooked in e-discovery is speed. Traditionally, e-discovery was measured in days, weeks and months....more

The Failure to Issue a Legal Hold Can Cause a Case to Crash and Burn

Bruner v. Am. Honda Motor Co., No. 1:15-00499-N, 2016 U.S. Dist. LEXIS 62810 (S.D. Ala. May 12, 2016). Where a defendant had never initiated a legal hold and had been continuously deleting e-mails since litigation began,...more

I am not a Crook: Avoiding the Politics of Data Preservation with a Defensible E-Discovery Process

Of course we've all heard about Hillary's emails, and Trump certainly has email trouble of his own. For a while, Politwoops kept track of mistweets and other online regrets even after they were deleted until Twitter (and...more

Would a Technology by Any Other Name Smell As Sweet?

What’s in a name? Many of us tend to use terms such as artificial intelligence, technology-assisted review (TAR), and predictive coding interchangeably, because there is no single vocabulary governing the field, particularly...more

What a Long Strange Trip It’s Been: E-Discovery Travel Guide Prepares Legal Teams for Adventure

The e-discovery process is definitely a trip. With each new matter comes new challenges, variables, data types, and key players—both inside and outside of your organization. And like a road trip, it can be a nightmare or a...more

6 Steps for Complying with the DOJ’s FCPA Pilot Program

On May 19, we outlined the contours of the new pilot program for the voluntary disclosure of Foreign Corrupt Practice Act (FCPA) violations, which is part of the newly released FCPA Enforcement Plan and Guidance from the...more

Mobile Device Privacy Considerations for Employers

The use of mobile devices in the workplace, including cell phones, tablets, and other devices, has generated significant risks for employers, both in terms of data security and of litigation strategy. Access to these devices...more

Wave of the Future: Or, How I Learned to Streamline the E-Discovery Process from Howard Hughes

In 1935, Howard Hughes built and flew his revolutionary H-1 Racer. At that time, most of the United States’ military aircraft (such as the Curtiss P-6 Hawk) still used the same designs from the previous decade: biplanes with...more

The Case for E-Discovery Education in Law School

The lament that law schools do not adequately prepare new lawyers for the actual practice of law is not a new one. The refrain, however, seems more pronounced as the day-to-day practice of law becomes increasingly...more

Spreadsheets No More: Technology and the Expanding Role of Paralegals in E-Discovery

The role of the paralegal started in the 1960's in an attempt to streamline the delivery and cost efficiency of legal services. Today, that goal remains, especially in the field of E-Discovery. As companies increasingly look...more

Zapproved’s Brad Harris on Fundamentals of a Good Evidentiary Preservation Plan

The duty to preserve evidence is well established; litigants must take reasonable steps to ensure information is not deleted or altered once the duty arises. The duty to preserve applies equally to both plaintiff and...more

I’ve Made a Huge Mistake: Intentional Destruction of ESI is No Illusion

In season three of the series Arrested Development, episode 11 finds George Bluth, Sr. unsurprisingly using a giant electromagnet in an attempt to delete electronic computer files, which could potentially indict him for...more

DOE Providing $10 Million For Six Projects To Advance Bioenergy Development

On May 16, 2016, the U.S. Department of Energy (DOE) announced that up to $10 million in funding is being given to six projects that are creating innovative solutions to advance bioenergy development. The work will support...more

The Taskatron: It Slices and Dices, but will it Optimize Your Legal Process?

We all know what a time saver technology can be. But sometimes, the very thing that's supposed to make our lives easier ends up creating more work than the original task at hand. Often times, Project Management tools can feel...more

District Court Refuses to Recognize "Apex" Doctrine for Documents Created by Inventor and Global Leader of Company

The defendant filed a motion to compel, seeking a wide array of discovery against Plaintiffs Dyson, Inc. and Dyson Limited (collectively, "Plaintiffs") to produce emails belonging to James Dyson ("Dyson"). Plaintiffs asserted...more

When the Jet has been Traded for a Bus: Top 5 Biggest Challenges in Managing E-Discovery Activities

In the 1989 movie, Major League, the rag tag (fictionalized) Cleveland Indians are set up to fail by their owner, who wants to lower attendance so she can move the team to Florida. When the losses aren't piling up fast...more

May The Force be with You: Binding the E-Discovery Process Together

The idea that all things are connected is a comforting one. Some people long to be unified with other people, both loved ones and strangers. Others seek unity with the natural world--flora and fauna, water and stone. Even in...more

Looking Back on 2015: The 6 Most Important eDiscovery Cases in Delaware

2015 saw continued interest by the Delaware courts in various aspects of eDiscovery. The courts dealt with broad issues, such as spoliation and general discovery misconduct, while also focusing on narrower issues, such as...more

Handy-Dandy Checklist for Admissibility of Electronic Evidence

For years we’ve advocated about ediscovery for defendants – consisting mostly of material gathered from a plaintiff’s social media postings. OK, so let’s assume some degree of success. Defense-side ediscovery has generated...more

Managed Services: eDiscovery That Tastes Great and Is Less Filling

In the 1970s, one brewer introduced its brand of light beer, and a classic debate: “tastes great” vs. “less filling.” The idea behind the campaign was that the beverage was “everything you always wanted in a beer. And...more

Discovery - Oppenheimer’s Half Life Has Long Been Exceeded

As we’ve discussed previously, and as the legal profession is by now well aware, the discovery provisions of the Federal Rules of Civil Procedure were significantly amended effective December 1, 2015. One of the foundational...more

Everything but the Kitchen Sink: New Data Types and E-Discovery

Almost any activity we take part in creates data; it no longer resides just on email servers or your laptop or mobile phones. Data resides in the cloud, in apps, on social media, in your watch or fitness tracker. For...more

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