Xerox Litigation Services

80 State Street
Albany, NY 12207, United States

Contact: Rachel Teisch

Effective Discovery Requires Effective Communication

As the Southern District of Ohio recently noted in Brown v. Tellermate Holdings Ltd., “[t]here may have been a time in the courts of this country when building stone walls in response to discovery requests, hiding both the…more
| Civil Procedure, Civil Rights, Electronic Discovery, Labor & Employment Law

The Home Depot Data Breach: There’s No Time Like the Present for Cybersecurity

As Home Depot’s recent cybersecurity breach emphasizes, there is no time like the present to institute controls designed to prevent an attack. In the latest data security breach, Home Depot’s servers were broken into,…more
| Commercial Law & Contracts, Consumer Protection, Privacy, Science, Computers, & Technology

How To Integrate E-Discovery Into Business Processes In Five Steps

With little notice, compliance officers, in-house counsel, and other legal professionals for organizations in the oil and gas industry may be required to hand over sensitive files in response to compliance, regulatory, or…more
| Commercial Law & Contracts, Electronic Discovery, Energy & Utilities

Behind the Great Firewall Of Ediscovery In Asia

When dealing with US requests for data subject to ediscovery rules in Asia, corporate counsel at multinational corporations must be on top of their game. Managing ediscovery in the United States alone presents a significant set…more
| Civil Procedure, Criminal Law, Electronic Discovery, Privacy, International Law & Trade

Social Media Defies Traditional Evidence Collection and Review Techniques

Traditional e-discovery collection tools are not designed to work with social media, and manual techniques are too time consuming to be workable, as a plaintiff learned in a recent wrongful termination case, Stallings v. City of…more
| Civil Procedure, Communications & Media Law, Electronic Discovery

Keywords Vs. Technology-Assisted Review: Are They Mutually Exclusive?

Recently in Bridgestone Americas, Inc. v. International Business Machines Corp., U.S. Magistrate Judge Joe Brown of the Middle District of Tennessee addressed the plaintiff’s request to use technology-assisted review (TAR) on a…more
| Civil Procedure, Electronic Discovery, Science, Computers, & Technology

Information Governance: On-the-Ground Perspectives and Practical Guidance

“Information Governance is: The activities and technologies that organizations employ to maximize the value of their information while minimizing associated risks and costs.” – Information Governance Initiative Annual Report…more
| Electronic Discovery

How Far Does the In-House Zone of Silence Extend?

In a recent case, a Massachusetts appellate court raised important questions about the scope of the work product doctrine for in-house lawyers. In Cahaly v. Benistar Property Exchange Trust Co., the plaintiffs sought sanctions…more
| Civil Procedure, Commercial Law & Contracts, Electronic Discovery

A More Progressive Case for the Use of Technology-Assisted Review

As we mentioned in a recent blog post, a federal magistrate judge in the District of Nevada recently refused to allow a party to use technology-assisted review (TAR) on top of its use of search terms to screen documents because…more
| Civil Procedure, Electronic Discovery

The State of the Law on Shifting the Costs of E-Discovery

Though there has been significant price compression in the market over the last several years, the ever increasing volumes of corporate data during that time have seen the costs of e-discovery continuing to rise, while many…more
| Civil Procedure, Civil Remedies, Electronic Discovery

An Emboldened FTC: What Does It Mean for a Company’s Cybersecurity Team?

In April, Edith Ramirez, Chairwoman of the FTC, and Julie Brill, FTC Commissioner, tweeted: “Pleased the court recognized @FTC’s authority to hold biz accountable for safeguarding consumer data & look forward to trying this…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, Consumer Protection, Privacy

Monkey See, Monkey Do? Like Federal Courts, New York State Courts Are Changing the Rules Governing E-Discovery

As new and proposed rules regarding e-discovery in the Commercial Division of the New York State Supreme Court demonstrate, state courts are catching up to the federal courts in terms of e-discovery standards and guidelines for…more
| Civil Procedure, Commercial Law & Contracts, Electronic Discovery

Will the Rules Amendments Resolve the Burden of Preservation?

The survey collected data from 128 companies of a variety of sizes and industries. The overwhelming majority—more than 79 percent—of respondents claimed to experience a “great” or “moderate” preservation burden—with the largest…more
| Electronic Discovery

The Fix on Fixed Fees

One of the biggest problems law firms and corporate clients face is the unpredictable nature of costs associated with e-discovery, since all it takes is for one large and/or unpredictable case for expenses to skyrocket. In…more
| Commercial Law & Contracts, Electronic Discovery

10 Characteristics of an Ideal Managed Services Provider

In our last post, we considered internal factors that organizations should evaluate when deciding whether and how to allocate responsibility for e-discovery between in-house and external resources. However, as they choose the…more
| Commercial Law & Contracts, Electronic Discovery
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