News & Analysis as of

Electronic Discovery Professional Malpractice

Read Electronic Discovery updates, articles, and commentary from leading lawyers, law firms, and legal consultants:

Professional Regulatory Alert: Your Career May Be An Open Book: Privacy and Regulatory Investigations

by Field Law on

In dismissing an appeal by an Alberta lawyer who alleged that his Charter rights were violated by an order allowing a law society investigator to search his computers, cell phones, and other electronic devices, the Alberta...more

The Wells Fargo PII Epic Fail – Chapter II

The law firm that inadvertently produced records containing personally-identifying information (“PII”) relating to 50,000 Wells Fargo customers in response to a third-party subpoena, which we first reported on, went before a...more

Court Sanctions Counsel for Not Disclosing Deleted Client Emails

by Zapproved LLC on

People v. Miller, No. 16PDJ067, 2017 BL 208514 (Colo. June 1, 2017). In a brief order, the Colorado Supreme Court fined and publicly censured attorney Randall Miller for failing to promptly disclose false evidence. During...more

A Cloud on the Horizon? Attorneys’ Obligations when Using a Third-Party’s Cloud-Based Services

When we think of clouds, we likely picture cumulus, stratus, and cirrus ones, not the type of “cloud” that holds data and software. The latter type of cloud is generally controlled by a third-party service provider and is...more

Lawyers Beware: Sending Native File Documents to Third Parties May Violate Your Ethical Obligations

The rules governing discovery of electronically stored information, though not fully developed, have matured enough to provide the basic “do’s and don’ts” for attorneys. Frequently, a party must produce electronic documents,...more

High Noon at the Train Station: Social Media and Modern E-Discovery

by Exterro, Inc. on

Most people take time zones for granted these days, but it was this week in 1883 that railroad companies in both Canada and the United States started using four continental time zones. Until then, time was local, based on...more

Colorado Ethics Committee Issues New Guidance On The Use Of Social Media For Investigative Purposes

The Colorado Bar Association Ethics Committee recently clarified the ethical boundaries associated with attorney use of social media for litigation. Formal Opinion 127 (Opinion), issued in September 2015, addresses certain...more

EHR: Improving Care or Complicating Litigation?

by Sands Anderson PC on

Electronic Health Records (EHR) were generally promised to decrease costs and improve health-care outcomes. Setting aside whether those promises were well founded, EHR have posed new challenges for litigators. What makes...more

Oklahoma Legislature significantly expands peer review privilege

by McAfee & Taft on

Oklahoma’s peer review statute provides that peer review information is private, confidential, and privileged. It encourages health care professionals to police themselves by evaluating their peers. It also promotes the...more

Insurance Recovery Law -- November 2014

Payment of Costs Doesn’t Preclude Unfair Trade Practices Claim Against Insurer - Why it matters: In a significant victory for policyholders, Massachusetts’ highest court ruled that an insured had a valid unfair...more

Federal Court Blasts Hospital’s Kitchen Sink Privilege Claim

by Faegre Baker Daniels on

Lawyers for Chicago’s Mercy Hospital found that out Monday when a federal court ruled on their claim of peer review privilege for hundreds of documents sought by the plaintiff in a malpractice case. The court blasted the...more

Ethics of Social Media - PowerPoint Presentation

by Nicole Hyland on

Today, I gave a CLE presentation at the New York City Bar Association about the ethics of lawyers using social media. This is the PowerPoint presentation for the program. ...more

YOU NEED TO FILE A MOTION FOR PROTECTIVE ORDER!!

by Katherine Gallo, Esq. on

Over lunch last week, a local attorney was complaining to me about his case that is going to trial in July. On the last day to serve written discovery, Plaintiff counsel had served each of his five clients, on behalf of each...more

Legal Ethics in the Digital Age (Powerpoint)

by Kaiser Legal Group on

Delivered by Michael Kaiser on December 20, 2011, as the ethics portion of the Seattle, Washington, Continuing Legal Education seminar (CLE) "Find it Free and Fast on the Net: Strategies for Legal Research on the Web." ...more

Legal Ethics in the Digital Age (text)

by Kaiser Legal Group on

Written for the ethics portion of the Seattle Continuing Legal Education (CLE) seminar text "Find it Free and Fast on the Net: Strategies for Legal Research on the Web.” Michael Kaiser presented the ethics portion of the...more

Sample client disclosure concerning attorney-client email communicaitons

by Lawrence McElroen on

This is a sample client disclosure concerning the use of email and texting as a means of communicating between attorney and client; it's potential impact on the attorney - client privilege and a response to ABA Formal Ethics...more

"I Declare, It Is Necessary"

by Katherine Gallo, Esq. on

As every lawyer is aware, a party may propound more than 35 specially prepared interrogatories or requests for admissions simply by attaching a Declaration of Necessity pursuant to C.C.P. §2030.040 and C.C.P. §2033.040...more

Your Workplace Computer Is A Lonely Public Roadway

by Eli Kantor on

According to the third district appellate court in Holmes v. Petrovich, 2011 DJDAR 671, your office privacy is a lonely public roadway. And where the limits are clearly posted, you had better obey—no matter what kind of...more

HVB Blurb (What's on your office copier?)

by Lawrence McElroen on

This document contains links to an article concerning an investigation by CBS Evening News into privacy concerns associated with digital office copiers....more

"TWEET" THIS: The Ethics of Social Networking

by Nick Badgerow on

This article explores the ethical concerns created by the explosion of social networking as it relates to law firm marketing, confidentiality and privilege. ...more

Cyberspace in the Workplace

by Keyana Laws on

This article examines two cases which require companies to have clear Internet and E-mail use and monitoring policies to avoid violating the Stored Communications Act and/or an employee’s right to privacy. ...more

Attorney Client Text Messages or Texting & Depositions Don’t Mix

by Joshua Gilliland on

During a remote video deposition, the defending attorney and the deponent had very busy hands texting each other. Were these text messages required to be produced to the opposing party?...more

Law Firms Face Competition for Doc Review Work - Law 360

by Pamela Woldow on

The rise of e-discovery over the last decade has provided law firms with fertile ground for racking up hours on document review, but it has also made the traditional method of having associates conduct the work under the...more

Coupons Not Required: GCs Look for Creative Ways to Save on Legal Costs by Ursula Furi-Perry

by Pamela Woldow on

There's certainly a lot of talk about alternative fees. In a February article about tying outside legal costs to value, Altman Weil's Pamela Woldow discussed the various ways alternative fee arrangements are manifesting...more

Risks of In-House Processing

by Frederick Kopec on

The risk of sanctions resulting from 1) corporations doing self-collections of electronic evidence and 2) law firms internally processing a client’s electronic evidence (creating sanction risk for BOTH the firm and its...more

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