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Deposition transcripts, like other pretrial discovery materials, do not become public records until they’re filed with the court. Before they are filed with the court, they routinely dwell in obscurity, shielded from public...more
Generative AI tools such as OpenAI’s ChatGPT and Google’s Bard have dominated headlines for months as people consider the possibilities and pitfalls of their uses in a variety of fields, from writing poetry to generating...more
Mistakes sometimes happen. One of the most serious mistakes attorneys can make is to inadvertently disclose privileged or otherwise protected information during discovery. This may sound easy, but in the electronic era, where...more
ChatGPT and related artificial intelligence technologies are one of the most exciting developments to hit the legal profession in decades. Their ability to synthesize large datasets of legal information and deliver...more
Technology can be a curse or a comfort for lawyers. It promises to make you more efficient, but who has the time to learn it all? (And doesn’t that take away from the sacred billable hour?) Integrating the right tools...more
The practice of law is increasingly complex, and lawyers can use all the support they can get. Paralegals often play a large role on legal teams, providing invaluable support to lawyers. But this begs some questions: What are...more
Welcome to the Thanksgiving edition of the Lawyers' Lawyer Newsletter. In this edition, we consider an attorney's ethical obligations when facing a subpoena—whether issued by the court or an individual attorney—seeking...more
In this two-part series, I interview Gordon J. Calhoun, Esq. of Lewis Brisbois Bisgaard & Smith LLP about his thoughts on the state of ediscovery within law firms today, including lessons learned and best practices to help...more
Welcome to another installment of “E-Discovery Gold Nuggets”, where ACEDS Kansas City Chapter Leader Daniel Gold’s LinkedIn video series is explored on the ACEDS blog. Gold, who is also Managing Director of E-Discovery...more
Ever since ABA Model Rule of Professional Conduct 1.1 was modified in 2012 to include an ethical obligation for attorneys to “keep abreast of changes in the law and its practice, including the benefits and risks associated...more
Communications with a party represented by another lawyer absent consent (sometimes called “blitzes”) are permitted in putative class actions, a federal court has ruled in a case brought under the Class Action Fairness Act...more
There are two ways lawyers can satisfy their ethical duty of technology competence. One way is by learning about technology and becoming more proficient in the use of legal tech tools. The other is by working in association...more
[Authors: Vikram S. Arora; Madhavi Seth] Of all the stages of litigation, discovery is arguably the most critical. Discovery can uncover evidence that supports or weakens a party’s underlying theory of a case. In discovery,...more
An employee is terminated, her laptop and phone seized. As she is escorted from the premises, Human Resources instructs her, in no uncertain terms, about company information: All internal company emails and other business...more
Technology competence is an ethical requirement in more than 40 states. Beyond Rule 1 Competence, knowing technology helps lawyers comply with the duty of confidentiality and other rules of professional conduct. For...more
As lawyers we must be guided by the Rules of Professional Conduct in all aspects of our work. Today that includes competence in relevant technology. Technology is deeply embedded in contemporary legal practice, while data...more
Before the government decides whether to intervene in a qui tam action, it is obligated by statute to investigate a whistleblower’s allegations. See 31 U.S.C §?3730(a). But, in the course of that investigation, may the...more
A Federal Court judge recently told me that when he asked the lawyer about the ESI (Electronically Stored Information) in his matter, the lawyer replied there wasn’t any. When the judge asked if there were going to be any...more
Our adversarial legal system contemplates that each party will have the opportunity to fully investigate the facts of a dispute and bring to the attention of the trier of fact those facts most favorable to its position. This...more
The Patent Trial and Appeal Board (PTAB), acting under ethical rules 37 CFR 11.109 and 11.108, granted a patent owner discovery in relation to a potential disqualification motion in connection with several covered business...more
Presentation Goals - • WHAT - Build and maintain strong brand equity through proper trademark policing • HOW - Protect the brand via a custom enforcement strategy • CONSIDERATIONS - Promote ethical investigations in...more
While Rules 4.1(a) and 8.4(c) of the Massachusetts Rules of Professional Conduct prohibit attorneys from making false statements to third parties and/or engaging in conduct that is dishonest, fraudulent or involves...more
There are new Rules for the NC Business Court In effect, as of January 1, 2017. If you have a case in the Business Court, or are expecting to designate a case there, you should look them over. ...more
In a recent decision, Justice Lawrence S. Knipel in the Commercial Division ordered an attorney to comply with a non-party subpoena and disqualified the same attorney from representing her client in the action pursuant to the...more
Social media users number in the billions. Facebook counts over 1.4 billion users, LinkedIn has 347 million members, Instagram has 300 million, Twitter has nearly 290 million, and YouTube reports more than a billion users....more