Science, Computers & Technology Electronic Discovery Civil Procedure

Read Science, Computers & Technology updates, news, alerts, and legal analysis from leading lawyers and law firms:
News & Analysis as of

Dear Mr. Snowden: Is it reasonable to expect my attorney-client communications are confidential?

Last month, Edward Snowden provided the press a document describing “how Australian intelligence conducted surveillance of trade talks between Indonesia and the United States and, in the process, monitored communications...more

To Native or Not to Native, That Is the Question

Here at IT-Lex, we write a lot about the form of producing documents. (For instance, see here, here, here, and here) Producing in TIFF format has long been the standard-bearer in electronic discovery, while PDFs are a...more

The Spoliation of Text Messages

In the era of Twitter and Instagram, it should come as no surprise that a party’s cell phone data, including text messages, may prove invaluable to an adverse party during the course of litigation. As with any other...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 11, Issue 4 (Fall 2013): The Current State of the...

Now firmly settled in the digital era, where more and more companies have transitioned to paperless environments and where generation of electronic documents and correspondence is the norm, discovery of electronic data, or...more

Audit Log Discovery As A Feature Of The Electronic Medical Record

The increased use of electronic medical records ("EMR") is changing not only the way physicians practice medicine but also the way discovery is conducted in medical malpractice lawsuits. Plaintiffs' attorneys seek to...more

Top EDiscovery Case Summaries - October 2013: New York: Court Allows Presumption of Prejudice, Overturns Previous Order Denying...

Sekisui Am. Corp. v. Hart, 2013 WL 4116322 (S.D.N.Y. Aug. 15, 2013). In this case, Judge Shira Scheindlin reversed an earlier order that denied spoliation sanctions for the plaintiffs’ deletion of ESI. The underlying breach...more

Top EDiscovery Case Summaries - October 2013: California: Court Orders Sanctions, Threatens Order to Retain an Ediscovery Vendor...

Logtale Ltd.v. IKOR, Inc., 2013 WL 3967750 (N.D. Cal. July 31, 2013). In this misrepresentation case, the plaintiffs sought to compel the defendants to comply with a prior court order and compel production from a defendant...more

Top EDiscovery Case Summaries - October 2013: Louisiana: Absent Requisite Specificity, Court Declines “Ultra-Broad” Motion to...

NOLA Spice Designs, LLC v. Haydel Enters., Inc., 2013 WL 3974535 (E.D. La. Aug. 2, 2013). In this trademark infringement case, the plaintiff refused to disclose user names and passwords in depositions and written responses,...more

Securing The Package Before It Goes Out: A Guide To Encryption

Preparing a production to opposing counsel is no longer a simple matter of Bates labeling paper documents, making copies of them, and putting the copies in a FedEx box. The advent of electronic discovery has made the...more

The Evolution of Technology in Litigation Document Discovery

It is widely recognized that one of the most expensive aspects of complex litigation is the electronic discovery (“e-discovery”) phase of the case. This process involves exchanging documents and other information in...more

Top 5 Ediscovery Case Summaries – August 2013: Pennsylvania - Proportionality Must Be Considered for Spoliation Sanctions

PTSI, Inc. v. Haley, 2013 WL 2285109 (Pa. Super. Ct. May 24, 2013). In this employment law case, the plaintiff appealed a trial court’s denial of motion for sanctions against the defendants who allegedly erased...more

A Hurdle To Obtaining Electronic Evidence

While many cases focus on electronic evidence available on employee laptops and behind corporate firewalls, massive volumes of electronic evidence can be found on the servers of companies that provide electronic processing...more

Stoking a Dead Fire: Da Silva Moore Plaintiffs File Petition for Writ of Certiorari

As reported first by Victor Li, a reporter at Law Technology News, the plaintiffs in Da Silva Moore are at it again—this time with a cert petition to the U.S. Supreme Court. In their petition, the plaintiffs contend that...more

Growing Judicial Acceptance of Predictive Coding Highlights the Need for Inside and Outside Counsel to Consider Its Use in...

When predictive coding technology made its way into the public consciousness in or about 2011, the biggest barrier to its widespread use – and probably the second most common question for attorneys following these issues,...more

Top 5 Ediscovery Case Summaries – July 2013: New York - Minimal Court Oversight Required for Predictive Coding Protocol

Gordon v. Kaleida Health, 2013 WL 2250579 (W.D.N.Y. May 21, 2013). In this action brought under the Fair Labor Standards Act, the plaintiffs motioned for a court order requiring the parties to meet and confer on the...more

Practical Tips for APAC Ediscovery

In our ever-shrinking, interconnected world, it is imperative that legal practitioners establish expertise in international ediscovery law. One of the most dramatic evolutions in ediscovery is occurring in the Asia-Pacific...more

Get Ready for New Ediscovery Rules in Minnesota

The month of July ensures some much needed warmth in Minnesota after an offensively wintery spring, but July also brings an exciting new set of amendments to the Minnesota Rules of Civil Procedure. From July 1, 2013 onward,...more

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

Top 5 Ediscovery Case Summaries – May 2013: New Jersey - Sanctions Granted for Social Media Spoliation

Gatto v. United Air Lines, Inc., 2013 WL 1285285 (D.N.J. Mar. 25, 2013). In this personal injury dispute, the defendants sought spoliation sanctions arising out of the plaintiff’s destruction of relevant social media...more

Top 5 Ediscovery Case Summaries – May 2013: Maryland - Court Considers Possibility of Clawback Order in Undue Burden Assessment

In re Coventry Healthcare Inc., 2013 WL 1187909 (D. Md. Mar. 21, 2013). In this ERISA case, the plaintiffs moved to compel the production of requested electronically stored information (ESI) over the defendants’ objection...more

Top 5 Ediscovery Case Summaries – May 2013: 2nd Circuit - Da Silva Moore Drama Dissipates

Da Silva Moore v. Publicis Groupe SA, 12-5020 (2d Cir. Apr. 10, 2013). In an order of notable brevity, Judge Jane A. Restani denied the petitioners’ request for the recusal of Judge Andrew J. Peck, stating simply that:...more

Top 5 Ediscovery Case Summaries – April 2013: Virginia - Insufficiently Detailed “Image Processing” Not Included in Taxable Costs

Taylor v. Mitre Corp., 2013 WL 588763 (E.D. Va. Feb. 13, 2013). Following a November 2012 order dismissing Family Medical Leave Act and Americans with Disabilities Act claims for the plaintiff’s “egregious spoliation” in...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

What US Legal Ediscovery Professionals Can Learn from the New UK Rules of Civil Procedure

In the last year, Americans have had a great deal of exposure to our British ally across the pond: we caught glimpses of the Queen’s Diamond Jubilee, we were awed by the London Olympics, and don’t even get us started about...more

94 Results
|
View per page
Page: of 4

Follow Science, Computers & Technology Updates on: