What happens when seven of the smartest, most articulate ediscovery professionals come together for an hour talk about—quite frankly—whatever they want?
Just yesterday Josh Gilliland, Samir Mathur, Barry Murphy, Ralph...more
Banas v. Volcano, 2013 WL 5513246 (N.D. Cal. Oct. 4, 2013).
In this search dispute, the defendants unilaterally adopted a “triangulation” approach to identifying ESI responsive to the plaintiffs’ requests for...more
In its just-issued Regulatory Notice 13-40, the Financial Industry Regulatory Authority (FINRA) announced that the Discovery Guide Amendments recently approved by the U.S. Securities and Exchange Commission (SEC) will become...more
P.R. Tel. Co. v. San Juan Cable LLC, 2013 WL 5533711 (D.P.R. Oct. 7, 2013).
In this antitrust case, the plaintiff sought an adverse inference instruction against the defendants, who allegedly failed to preserve...more
The Rules Advisory Committee has recommended proposed amendments to the Federal Rules of Civil Procedure that would set guidelines for courts to follow when evaluating a request for sanctions for spoliation of discovery...more
In re Pradaxa (Dabigatran Etexilate) Prods. Liab. Litig., 2013 WL 5377164 (S.D. Ill. Sept. 25, 2013).
In this multidistrict product liability litigation, the Plaintiffs’ Steering Committee (PSC) sought to compel...more
Westdale Recap Props v. NP/I & G Wakefield Commons, LLC, 2013 WL 5424844 (E.D.N.C. Sept. 26, 2013).
In this real estate case, the plaintiffs motioned to compel the defendants to respond further to their requests for...more
SJS Distrib. Sys. v. Sam’s East, Inc., 2013 WL 5596010 (E.D.N.Y. Oct. 11, 2013).
In this breach of contract case, the defendant sought sanctions against the plaintiff. The defendant claimed that over 150 relevant...more
Law firm leaders who embrace predictive analytics to manage their businesses and their practices can establish a sustainable competitive advantage over competitors who rely on gut instinct and sheer intellect to leader their...more
Big Data, Structured Data, Unstructured Data – these terms are becoming the buzzwords of ediscovery, but what do they mean?
Structured data refers to information residing inside complex applications, such as...more
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
In This Issue:
- Small businesses beware: IRS deploys “big data” to scrutinize cash transactions
- Google’s scanning of emails may constitute wiretapping: Federal District Court denies Google’s motion to dismiss...more
For most civil litigants, discovery is an unprecedented invasion of privacy. Private letters, notes to one’s self, off-the-cuff emails, financial details and transactions, photographs, and all other forms of memorializing...more
One of the trending phrases in the legal marketplace is “big data,” which refers loosely to the synthesis of massive amounts of data, often from disparate data sets, to provide leaders with predictive analytics and better...more
Predictive coding and other advanced technologies have changed the ediscovery landscape in a major way by offering the potential to increase efficiencies and decrease costs from collection through production. The fact that...more
Magistrate Judge Andrew J. Peck has observed that judicial understanding and resolution of ediscovery disputes can benefit from “bring your geek to court day” — where those knowledgeable about ESI issues in a case participate...more
A recent study looked at how the shift from paper documents to electronically stored information (ESI) has led to sharper increases in discovery costs.*
The study found that for every dollar spent on ESI production,...more
Last month I was invited by the EDRM to take part in their webinar on the Computer Assisted Review Reference Model (CARRM). I was joined by three esteemed Technology Assisted Review experts: George Socha, EDRM, Herbert...more
Whichever name you give it – predictive coding, computer assisted review (CAR), or technology-assisted review (TAR) – predictive coding is an amazing tool in the field of ediscovery....more
In today’s world of electronically stored information (“ESI”), it is increasingly costly to preserve, identify and collect data for discovery – let alone analyze, review and create a production....more
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
AMEC Env't & Infrastructure, Inc. v. Geosyntec Consultants, Inc., 2013 WL 3923459 (N.D. Cal. July 26, 2013)
In this discovery dispute, the plaintiff, AMEC, claims that the defendants’ ediscovery search terms were not...more
Will a challenge to the use of predictive coding or technology-assisted review (TAR) disguised as a recusal fight capture the attention of the U.S. Supreme Court? Probably not....more
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
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