In eDiscovery, look before you leap!
You have filed a lawsuit and you are set for a “meet & greet” conference with opposing counsel(s) to review and agree on discovery.
What should you expect from opposing counsel and their...more
BYOD — Bring Your Own Device -
Should defendants be permitted to adopt a policy concerning employee use of personal computing devices in business that benefits the defendant and then hide behind that policy to its benefit...more
Herding Warrior Cats -
Federal Rules were last updated in 2016 and the changes were thought to be significant. Welcomed by some and scorned by others, those changes are still being evaluated and applied by judges across...more
“But, your honor, we conducted a search and collection from all sources we deemed appropriate and where we believed responsive and relevant information was located…I mean, honest judge.”...more
Who is to blame for a “document dump” – a “snow storm” – an obfuscation of information? Sometimes its intentional and sometimes it is not.
Everyone – both plaintiff and defendant; both teams of lawyers. Requesters are...more
I still remember typewriters.
Heck, I still remember carbon paper, mimeographs and bag phones.
Would a company, “back in the day”, have ever asked an employee, “hey, we need you to bring your own typewriter, desk,...more
1/6/2017
/ Bring Your Own Device (BYOD) ,
Cell Phones ,
Cloud Computing ,
Confidential Information ,
Confidentiality Agreements ,
Data Security ,
Discovery ,
Duty to Preserve ,
Electronically Stored Information ,
FRCP 26 ,
FRCP 37(e) ,
Information Governance ,
Laptop Computers ,
Privacy Concerns ,
Risk Management
The Sedona Conference has a slogan: “Moving the law forward in a reasoned and just way”. That slogan is exactly the way I have described this impressive organization and what do....more
12/8/2016
/ Discovery ,
Discovery Disputes ,
Electronically Stored Information ,
Federal Rules of Civil Procedure ,
FRCP 26 ,
Legal Project Management ,
Policies and Procedures ,
Privilege Logs ,
Proportionality ,
Technology-Assisted Review ,
Verification Requirements
The party receiving discovery requests in litigation has the job of trying to understand the locations of potentially responsive data and documents; determining the identity of key custodians; and determining the most...more
What is the “Daubert” standard supposed to test? Daubert v Merrill Dow Pharmaceuticals, 509 US 579 (1993).
Daubert and the Federal Rule of Evidence 702 are intended to allow the court to act as a gatekeeper in keeping...more
Trying to make the best of rules open to highly subjective interpretation…
Discovery in litigation is the heart of the process. It is the system by which parties can obtain evidence from other parties and refine...more
In a lawsuit the discovery process should allow each party to explore evidence in the possession of opposing parties, which may assist in proving their respective claims. The defendant is at an advantage in this process,...more
If you ask an opposing party about the details of their document collection; the custodians interviewed; the keywords searched; or the culling approaches used; you are likely to get one response, a quickly erected brick wall....more
Florida is sunny and a great place to live or work; but we can be a little slow to except new things.
Florida Rules of Civil Procedure were amended a couple of years ago to include at least the mention of electronic...more
Two disturbing cases for different, but similar reasons.
When did parties jump from collection and culling of documents to simply turning over all possible evidence blindly and relying on a claw back agreement to...more