News & Analysis as of

Civil Procedure Professional Practice

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

Where Do You Start? Perhaps by Seeing What Other People Think: eDiscovery Best Practices

by CloudNine on

Earlier this week, Rob Robinson asked the question “Where Do I Start?” on his excellent Complex Discovery blog when discussing the most significant challenges for those seeking and sourcing eDiscovery software and...more

The Pros and Cons to Camera Placements

by Planet Depos, LLC on

Video depositions can be beneficial to your case, as they can show the witness’s facial expressions, body language, changes in the inflection of the witness’s tone of voice and pauses before answering. To ensure the best...more

Japanese Deposition Update: Travel Fees

by Planet Depos, LLC on

As many attorneys in the field know, the world of international law is constantly changing. Standards and practices recently adhered to may not be the norm today, as foreign jurisdictions frequently update their procedures...more

Current Class-Action Issues

by JD Supra Perspectives on

Though the Supreme Court has declined to address ascertainability this term (for now), it has granted petitions to resolve two other class-action issues....more

Not So Fast: Limits of "Settlement Negotiation" Protections

by Ward and Smith, P.A. on

Think Twice Before Assuming Your "Settlement Negotiations" May Not Be Used Against You - Most people who are involved in resolving disputes or negotiating deals for their businesses have seen documents labeled...more

Is the eDiscovery Market Growing or Shrinking? Or Maybe SHIFTING?: eDiscovery Trends

by CloudNine on

If you look at the number of eDiscovery companies that have been merged or acquired over the past couple of years, you might think that the market is shrinking. On the other hand, if you look at the number of venture capital...more

New Findings: In-House Legal Teams are Focusing on “Control” to Meet Evolving E-Discovery Requirements

by Exterro, Inc. on

According to EDRM Duke Law, Exterro and BDO Consulting’s new 2017 In-House Benchmarking Report, in-house legal departments have continued to move more outsourced legal services in-house in hopes of gaining the kind of control...more

5 Considerations when Choosing an Audio Transcription Provider

by Planet Depos, LLC on

Though it may seem like a simple process, there are several questions you should ask before hiring a transcriptionist to turn your audio file, whether it is a recorded hearing, meeting, or phone conversation, into a certified...more

[Webinar]: On Premise or Off Premise? A Look At Security Approaches to eDiscovery - November 15th, 12:00pm CT

by CloudNine on

Many say that the cloud is revolutionizing eDiscovery as we know it, while others still prefer the control of the on-premise eDiscovery solutions they’re used to using. So, what factors should you consider when selecting your...more

Why E-Discovery Still Hasn’t Changed that Much in 5 years

by Exterro, Inc. on

The continued explosion of data! Additional, new and scary data types! New FRCP e-discovery amendments! You would think with all these new revelations e-discovery would have changed a lot in the past 5 years, right?...more

4 Tips to Avoid Costly Visa Headaches

by Planet Depos, LLC on

Travel abroad is an exciting venture that conjures up all kinds of exotic images, whether they consist of swaying palm trees, bell towers soaring above breathtaking cathedrals, or mist-laden fields of heather dotted with...more

Becoming the Focal Point: Using E-Discovery Process and Technology to Bring Value to Business Units and Upper Management

by Exterro, Inc. on

Tom Mullane is a veteran in the e-discovery industry, currently working as the E-Discovery Process Manager at United Technologies Corporation. UTC is a global company with various business units, a quarter of a million...more

You v. The Mic: Mitigating Microphone Mistakes

by Planet Depos, LLC on

It’s the middle of your depo, and you pull your mic off, creating a loud sound on the record. You take a quick glance to the left and see the videographer giving you a stern look. You’re embarrassed, but don’t worry — this...more

Clear Notice of Alteration of the Attorney-Client Relationship

by Wilson Elser on

In Thomas Cesso v. Gary Owen Todd, Massachusetts Appeals Court 16-9-76 (August 28, 2017), the Massachusetts Appeals Court held that filing a notice of withdrawal does not necessarily terminate the attorney-client...more

Avoiding Glittering Generalities in Selecting eDiscovery Software – Considering Cost: eDiscovery Best Practices

by CloudNine on

...Budgetary constraints are a common hurdle for law firms and legal departments seeking to address the legal, technological, and business elements of eDiscovery. This economic constraint is compounded by the lack of...more

4 Useful Tips for Interpretation Preparation

by Planet Depos, LLC on

Interpreting highly technical depositions is a grueling task, both mentally and physically exhausting for even the most seasoned interpreter. The best interpreters want to prepare well in advance for such depositions, to...more

Avoiding Glittering Generalities in Selecting eDiscovery Software – Considering Complexity: eDiscovery Best Practices

by CloudNine on

...The ability of eDiscovery software to deal with data complexity such as being able to ingest and process an increasing number of data formats is one of the most important challenges faced by eDiscovery professionals today....more

E-Discovery and Big Data Partner Up (Or How to Cut Time and Costs by 50%)

by Exterro, Inc. on

Imagine finding a specialty wrench in a garage that is clean and ordered, one where everything has a specific place and those places were chosen based on practicality and ease of use. Now imagine trying to find the same...more

Avoiding Glittering Generalities in Selecting eDiscovery Software – Considering Capability: eDiscovery Best Practices

by CloudNine on

...Once the security of a potential solution has been considered, the next reasonable area of examination and evaluation is that of capability. Assessing capability is just determining whether or not a solution can accomplish...more

Avoiding Glittering Generalities in Selecting eDiscovery Software – Considering Security: eDiscovery Best Practices

by CloudNine on

...The security of data is fast becoming one of the most prominent and visible areas of concern in the selection of eDiscovery software solutions. With public examples of data security failures increasing in regularity and...more

Avoiding Glittering Generalities in Selecting eDiscovery Software: eDiscovery Best Practices

by CloudNine on

...Forget the glittering generalities of opinioned providers and professionals trying to champion a particular approach to eDiscovery at the exclusion of others. The reality is that on-premise and off-premise solutions...more

Be Prepared! Don’t Show Up to Your Rule 26(F) Meet-and-Confer With Nothing But a Boilerplate

by Exterro, Inc. on

FRCP Rule 26(f) stipulates a conference of the parties so that they might plan for discover. - Who: The attorneys of record and all unrepresented parties that have appeared in the case - What: Parties must consider the...more

What To Consider When Selecting A Room For Your Video Deposition

by Planet Depos, LLC on

When setting up a video deposition, there are several important components to consider. The first order of business is determining your client’s availability, as well as that of opposing counsel. Other considerations include...more

Perspectives for the Professions Newsletter - September 2017: Standing of Complainants on Judicial Review

by Field Law on

Del Valle v Law Society, 2017 NWTSC 29, holding that a complainant has no standing to bring an application for judicial review to challenge the merits of a regulator’s decision to dismiss a complaint....more

When You Have a Lot of Custodians, Life Can Be a Batch: eDiscovery Best Practices

by CloudNine on

After Tom O’Connor and I hosted the webcast On Premise or Off Premise? A Look At Security Approaches to eDiscovery where we discussed the pros and cons of on premise and off premise (i.e., cloud) solutions last month, I...more

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