Xerox Litigation Services

80 State Street
Albany, NY 12207, United States

Contact: Rachel Teisch

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

Fitting a Solution to Meet the Needs of a Workflow In-House

Your law firm just purchased a license for e-discovery software. Now what? Software implementations can be a substantial challenge for a variety of reasons, including lack of executive buy-in, poorly defined requirements, gaps…more
| Commercial Law & Contracts, Electronic Discovery, Science, Computers, & Technology

Matching the Solution to the Needs, not the Needs to the Solution

With the e-discovery services market in the U.S. exploding–estimated to exceed $3 billion by 2018–with double digit revenue growth of approximately 15% based on Gartner’s 2014 Magic Quadrant for E-Discovery Software, many…more
| Commercial Law & Contracts, Electronic Discovery

Achieve Organizational Goals by Taking a Managed Services Approach to E-Discovery

With data volumes skyrocketing and the costs of litigation following a similar trajectory, organizations are exploring alternative models for managing e-discovery aside from the traditional model of outsourcing parts (or all) of…more
| Commercial Law & Contracts, Electronic Discovery

Embedded Metadata: Out of Sight, Out of Mind

Most of us have created a new file using an old one as a template. Although we save the file under a separate, new name, the embedded metadata from the old file, such as tracked changes or comments in Microsoft Word, concealed…more
| Electronic Discovery, Law Practice Products & Services

Proposed Amendments to the Federal Rules of Civil Procedure Clear Another Hurdle

Earlier this year, we provided an update on the proposed amendments to the Federal Rules of Civil Procedure. Subsequently, the Advisory Committee on Civil Rules submitted a slate of modified proposed amendments to the Standing…more
| Civil Procedure, Electronic Discovery

How Not to Thwart the Progress of Technology-Assisted Review

Recent case law has shown strong support for the use of technology-assisted review (TAR): its accuracy and efficiency have been praised by judges and parties alike. However, despite her approval of the process as a “far more…more
| Civil Procedure, Electronic Discovery

You Can Run, But You Can’t Hide From Sanctions in Discovery

In an October 2013 order in Digital Vending Services International, Inc. v. University of Phoenix, the judge refused to grant the defendants’ request for spoliation sanctions but punished the plaintiff for its disclosure of more…more
| Civil Procedure, Electronic Discovery, Intellectual Property, Science, Computers, & Technology

Thorny Issues to Consider Before Buying Into BYOD

A salesperson and her boss are attending a conference at a hotel. Their goals are twofold: learning the latest industry trends and mingling with clients to generate business. After the sessions end, they invite two potential…more
| Civil Procedure, Electronic Discovery, Labor & Employment Law

The Long Arm of E-Discovery Stretches Overseas

Earlier this year, Kazuaki Fujitani, the general manager of a Japanese company’s sales division, pled guilty to obstruction of justice for destroying numerous e-mails and other documents in a federal investigation by the DOJ’s…more
| Antitrust & Trade Regulation, Criminal Law, Electronic Discovery, International Law & Trade

Are You Committing E-Discovery Malpractice?

Although this protection is helpful, it is limited by the court’s ability to determine whether a party’s actions were reasonable. Parties therefore should take the matter out of the court’s hands by leveraging other provisions…more
| Civil Procedure, Electronic Discovery, Professional Malpractice
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