News & Analysis as of

Discovery

Here’s the Latest Buyers Guide for Everything “eDisclosure”: eDiscovery Trends

by CloudNine on

How many suppliers of eDiscovery (“eDisclosure”) software and services are there?  At least 98.  How do I know that?  I know that because that’s how many suppliers Andrew Haslam lists in the eDisclosure Systems Buyers Guide –...more

The Failures of Conventional Witness Preparation: Insights from Nutter's Ken Berman

Q: You’ve written and spoken extensively on how conventional witness preparation can leave witnesses giving horrible testimony in depositions and cross-examination. What’s the problem? Please see full Insights below for...more

What is the FRCP? Facts about the Federal Rules of Civil Procedure

by Zapproved LLC on

A primer on the Federal Rules of Civil Procedure - The Federal Rules of Civil Procedure, commonly referred to as the FRCP, govern how federal district courts conduct civil cases. (The rules for criminal cases are...more

Dealing with the ROT in Mass TORts

by Reed Smith on

Anyone interested in what’s wrong with mass torts in today’s litigation landscape should read the recent article in the New York Times article, “How Profiteers Lure Women Into Often-Unneeded Surgery,” which ran in the paper...more

Why Is TAR Like a Bag of M&M’s?, Part Four: eDiscovery Best Practices

by CloudNine on

...So where does this leave us? The idea behind TAR – that technology can help improve the eDiscovery process – is a valuable goal. But figuring out what pieces of technology to apply at what point in the workflow is not so...more

Examining E-Discovery Statistics: Is Cross-Border E-Discovery a Meaningful Distinction Anymore?

by Exterro, Inc. on

In this entry in our series on interesting e-discovery data points, I'd like to dig into a topic that's been receiving a lot of attention--and will continue to do so for the next month and a half at least: GDPR, cross-border...more

Court Orders Evidentiary Sanctions for Plaintiffs’ ‘No Special Effort’ to Preserve Evidence

by Zapproved LLC on

Leidig v. BuzzFeed, Inc., No. 16 Civ. 542 (VM) (GWG) (S.D.N.Y. Dec. 19, 2017). In this defamation case, the court ordered evidentiary sanctions to address the prejudice caused by the plaintiffs’ negligent preservation...more

Taking Control of ESI In Arbitration

When I was a younger lawyer, I would often hear the adage: “Parties who are in litigation wish they were in Arbitration and parties who are in Arbitration wish they were in litigation”. One reason for that saying, of course,...more

18 Deposition Tips from Court Reporters

by Planet Depos, LLC on

There is a lot that goes into taking a deposition, and a lot that goes into making the record. We’re often asked by attorneys and paralegals if we have any tips for their depositions—what can they do to make sure the...more

Why Is TAR Like a Bag of M&M’s?, Part Three: eDiscovery Best Practices

by CloudNine on

Before you think about using more advanced technology, start with the basic tools early on: dedupe, de-nist, cull by dates and sample by custodians. Perhaps even keyword searches if your case expert fully understands case...more

They Put Money Where? Conducting Discovery About International Assets

by Fox Rothschild LLP on

It happens to family lawyers all the time. A new client comes in to meet with us for an initial consultation and tells us that his or her spouse controlled all of the money and assets. The new client is panicked, because he...more

Slash Risk by Saying Goodbye to Manual Legal Holds

by Zapproved LLC on

The right automation software can help you avoid spoliation sanctions, improve your audit trails, and boost ROI - We all know that ediscovery can be expensive. But while we usually think of review as the most expensive...more

Learned Intermediary Doctrine Bar’s Plaintiff’s Discovery of Direct-to-Consumer Advertising in Ambien Case in District of Nevada

by Reed Smith on

We are back in the trenches today after spending a wonderful day in New York with our lifelong best friend, in yet another of the blissfully endless celebrations of the milestone birthday we marked in December. We saw “The...more

Wait, Why Am I Receiving This? Practice Pointers on Third Party Responses to Litigation Preservation Demands

by Butler Snow LLP on

Most commercial litigators are familiar with the process for responding to a subpoena demanding the production of documents from a non-party to litigation under Federal Rule of Civil Procedure 45. But interesting...more

Tips for Effective Advocacy in Arbitration

by Holland & Hart LLP on

Parties to arbitration proceedings frequently comment that they appreciate the arbitration process because it is a faster, more efficient, and less costly way to resolve their business disputes. Unlike litigation, arbitration...more

Considerations Regarding Attorney-Client Privilege In The Joint Representation Of Multiple Clients

by Carlton Fields on

The attorney-client privilege is one of the cornerstones of the legal profession. Despite the privilege’s sacrosanct nature, there are exceptions to the well-established rule that the communications between an attorney and...more

You May Be a User of Predictive Coding Technology and Not Realize It: eDiscovery Trends

by CloudNine on

At the Houston ACEDS luncheon/TAR panel last week, we asked a few questions of the audience to gauge their understanding and experience with Technology Assisted Review (TAR). Some of the questions like “have you used TAR on a...more

Why Is TAR Like a Bag of M&M’s?, Part Two: eDiscovery Best Practices

by CloudNine on

...Tom’s overview is split into four parts, so we’ll cover each part separately. The first part was covered on Tuesday. Here’s part two. History and Evolution of Defining TAR - Most people would begin the discussion...more

What Is ESI?

by Zapproved LLC on

Key facts about electronically stored information and ediscovery - ESI: you’ve seen the acronym. But what exactly qualifies as ESI? And how do you manage it properly to ensure you meet your ediscovery, compliance and...more

Will the GDPR Ease Cross-Border Data Transfers for Purposes of E-Discovery?

As the clock ticks down to May 25, 2018, when the European Union’s General Data Protection Regulation (“GDPR”) becomes fully enforceable throughout the EU, the Internet and airwaves have become saturated with guidance for...more

Chris Dale of the eDisclosure Information Project: eDiscovery Trends 2018

by CloudNine on

This is the eleventh (and final) of the 2018 Legaltech New York (LTNY) Thought Leader Interview series. eDiscovery Daily interviewed several thought leaders at LTNY this year (and some afterward) to get their observations...more

Harness the Power of Search in E-Discovery

by Exterro, Inc. on

During a recent webinar entitled, In-Place Preservation: Locking Down Data Without Collecting It, Bobbi Basile, Managing Director of HBR Consulting, defined in-place preservation as, “a means to efficiently lock down the data...more

Court Makes Motion to Dismiss in Trademark Dispute Magically Disappear

A basic tenet of litigation is that the court must have personal jurisdiction over the parties to the case. In one recent decision, an out-of-state defendant in a trademark infringement dispute could not use a motion to...more

Why Is TAR Like a Bag of M&M’s?: eDiscovery Best Practices

by CloudNine on

...Over the past year I have asked this question several different ways in blogs and webinars about technology assisted review (TAR). Why is TAR like ice cream? Think Baskin Robbins? Why is TAR like golf? Think an almost...more

How Much Protection Does the Peer Review Protection Act Really Provide?

by Barley Snyder on

A recent court ruling has significantly changed the scope of what is available in the discovery process of medical malpractice litigation, making it easier for plaintiffs to obtain materials related to physician performance...more

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