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BABC eDiscovery Newsletter - April 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

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

Campmor, Inc. v. Brulant, LLC

Order on Motions in Limine

An unusually detailed ruling on various pretrial motions in limine...more

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

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

Every Lawyer is a Technologist: Take a Step Back to Take the First Step Forward

Don't be entirely distracted or frightened by emerging technologies and their effect on the practice of law. Lawyers already use technology every day even if they never turn on a computer. Technology is not just computers...more

“Duty to Preserve” May Include “Duty to Recover”

A company’s duty to preserve electronic evidence may include a duty to recover it if lost, even if the company did not intentionally destroy it, the U.S. District Court for the District of Columbia ruled. But the defendant’s...more

The Growing Role of Social Media in Litigation and How to Prepare for It [Video]

As everyone’s well aware, social media evidence is often brought suits in areas like family and workers’ compensation—ones where a key message or picture could change the entire outcome of the case. But what’s interesting is...more

California Federal Court Awards Millions for Predictive Coding Costs in Document Review

A federal court in California recently awarded defendants in a patent infringement case more than $2.8 million in attorneys’ fees relating to the use of “predictive coding,” also known as “computer-assisted technology,” to...more

E-Discovery Of Digital Images And Video

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

Safeguards against Data Security Breaches (Part Two) [Video]

?Are you looking to guard your company's “secret sauce?” Fenwick’s Robert Brownstone says companies should safeguard their data by limiting the number of employees with access to certain confidential information. Following up...more

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

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

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

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

Technology and the Law Come Together at Raytheon—Woods Abbott [Video]

Raytheon is one of the more well-known defense contractors in the United States, and their comfort with technology is coming in handy as e-discovery trends begin to favor those with big servers and processors. Raytheon’s...more

Campmor, Inc. v. Brulant, LLC

Reply Brief in Support of Campmor's Motion in Limine to Exclude Evidence Concerning Service of the Complaint at Trial

From the preliminary statement: "For all its bluster, Rosetta’s opposition to Campmor’s motion in limine falls unsurprisingly short on substance – and never comes close to demonstrating why the jury in this complex...more

Campmor, Inc. v. Brulant, LLC

Brief in Opposition to Brulant / Rosetta's Motion in Limine to Strike Material from the Pretrial Order

This brief opposed a motion by defendant to essentially, we argued, relitigate key issues in the case. The court agreed with the vast majority of our opposition, as demonstrated by the order entered on this motion and linked...more

Campmor, Inc. v. Brulant, LLC

Brief in Opposition to Brulant / Rosetta's Motion in Limine to Limit Damages Evidence

Memorandum of law in opposition to defendant's ultimately unsuccessful motion to limit key evidence of lost profits and other damages in amounts beyond the stated contract limitations. We demonstrated that under Ohio law,...more

Campmor, Inc. v. Brulant, LLC

Campmor's Brief in Opposition to Brulant / Rosetta's Motion in Limine to Bar Certain Evidence at Trial

Brief in opposition to several motions in limine brought by defendant in this action. ...more

The end of do-it-yourself eDiscovery

Recent revelations about the Casey Anthony trial demonstrate that the exclusive reliance on keyword searches compounded by do-it-yourself ediscovery can undermine your case. ...more

Unfiltered Orange | Weekly eDiscovery News Update – The Second Half of 2012 in Review

Highlighted in Forbes’ Law & Technology Blog as one of Eight Great Law & Technology Resources, Orange Legal Technologies’ Unfiltered Orange Weekly eDiscovery News Update provides readers with a trusted compilation of key...more

Law Firms And Cloud Computing

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?)

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

Data Management for Health Care Organizations: Is Your Head in the Sand? The Data Is Not There

It is virtually inevitable that health care companies will be called upon to preserve, collect, review and produce some portion of their electronic records. Health care companies face unique and complex challenges as they...more

Top 3 Concerns in Data Security [Video]

In the video, Robert Brownstone, co-chair of Fenwick’s Electronic Information Management Group, describes how the world of data security impacts every organization regardless of size. He identifies three main areas of...more

Campmor, Inc. v. Brulant, LLC

Campmor's Brief in Support of its Motion in Limine to Exclude References Concerning the Date of Service of the Complaint at Trial

From the preliminary statement: "Plaintiff Campmor, Inc. (“Campmor”) submits this memorandum of law in support of its motion for an order, pursuant to Federal Rules of Evidence 401, 402 and 403, excluding from trial all...more