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Discovery Evidence Young Lawyers

JND Legal Administration

Finding the Right Fit: How to Pick the Best Path for a Career in eDiscovery

The eDiscovery industry is a sought-after career path for a wide variety of reasons. Legal professionals enjoy a fun, challenging, and rewarding field, with abundant career growth opportunities and resilience during times of...more

EDRM - Electronic Discovery Reference Model

What Lawyers Think About AI, Creativity and Job Security

This article continues the Ai creativity series and examines current thinking among lawyers about their work and job security. Most believe their work is too creative to be replaced by machines....more

Holland & Hart - Your Trial Message

Know Your Trial Message

Trial lawyers understand the need to refine and to help fit the main point of their case into the smallest possible container. In complex litigation, however, that quest for a bottom line can be elusive. You might have your...more

Faegre Drinker Biddle & Reath LLP

Authenticating Social Media Evidence at Trial

Social media is ubiquitous in our cyber-connected world. For many, the first thing a person does when they wake up, and the last thing that person does when they go to bed is read, post, or otherwise interact with platforms...more

Sands Anderson PC

Fairness in the Adversary Process (Part One): Lawyers and the Discovery of the Truth

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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

Epiq

FRE 902 Digital Evidence

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As the world continues to evolve electronically, it oftentimes seems like the courts take longer to catch up. This past December lawmakers took another step into the digital age by amending Federal Rule of Evidence (“FRE”)...more

Foley & Lardner LLP

eDiscovery Update including AI for Technology Assisted Review

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..Any judge who begins an opinion about ediscovery with a quote from Donald Rumsfeld (of all people!), and then tosses in a reference to Marge from The Simpsons while quieting lawyers’ fears of technology by noting that...more

Esquire Deposition Solutions, LLC

Federal Evidence Rules Finally Catch up to Digital Evidence Avalanche

Digital evidence has effectively changed every aspect of the modern courtroom and litigation process. We constantly communicate electronically in our daily lives by texting, emailing, and using social media – and there’s an...more

Holland & Hart LLP

Tips for Effective Advocacy in Arbitration

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

Foley & Lardner LLP

New Federal Rules of Evidence 902(13) and 902(14)

Foley & Lardner LLP on

You’ve got a case headed to trial in a few short months, and among your exhibits are a number of copies of web pages. You know you need to authenticate them to get them into evidence at trial (and also know your judge is...more

Farrell Fritz, P.C.

If Evidence In Its Original Form Is No Longer Available – But A Copy Of That Evidence Is – Are Spoliation Sanctions Appropriate?

Farrell Fritz, P.C. on

In Barcroft Media, Ltd. et al. v. Coed Media Grp., LLC, No. 16-CV-7634 (JMF) (S.D.N.Y. Sept. 28, 2017), Plaintiffs – providers of entertainment-related photojournalism and owners of celebrity photographs – interposed various...more

Searcy Denney Scarola Barnhart & Shipley

Three Card Monte and E-Discovery: Ask the custodians

“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

Planet Depos, LLC

12 Important Tips When Preparing For Videotaped Depositions

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The Planet Depos Trial Services Consultants have created a list of important tips for you when you prepare for videotaped depositions...more

Gray Reed

Why Videotaped Deposition Testimony can be More Powerful than Live Witnesses

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Although our judicial system historically prefers live witness testimony over testimony of witnesses through a deposition, today’s technology allows even seasoned trial lawyers the ability to present witnesses through...more

Planet Depos, LLC

Six Tips for Taking Depositions in India

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Certain countries have a few extra or different steps when it comes to scheduling depositions. Depositions in Germany can be taken only at the U.S. Consulate in Frankfurt, for example, while Honduras requires a letter...more

Orrick - Trade Secrets Group

Baring It All: Judge Orders Swingers’ Club to Produce Email Distribution List

A recent case in the Southern District of Florida serves as a reminder that even trade secrets may be subject to production to opposing counsel. Magistrate Judge Jonathan Goodman recently ordered a defendant “swingers’” club...more

Carlton Fields

Efficiency: A Discovery Philosophy, and All You Really Need to Know About Predictive Coding

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The main problem with discovery is the cost. In a very small number of truly bet-the-company cases (for example, where the CEO’s emails must be produced) the greater risk can be failing to do discovery perfectly. But 99 times...more

Troutman Pepper

A Framework for Applying Proportionality in E-Discovery: The Sedona Conference Principles

Troutman Pepper on

The principles provide a useful framework for the application of proportionality to preservation, as well as practical guidance for negotiating the scope of discovery. The Sedona Conference — a research and educational...more

Carlton Fields

Ready for Your Close-up? Five Tips for Using Videoconferencing Technology at Trial

Carlton Fields on

From a technological standpoint, it is now relatively simple to present live video and audio testimony during a court proceeding of a witness located anywhere in the world. There are many advantages to presenting testimony in...more

BakerHostetler

Post-Tyson Foods, Defendants Should Take the Offensive in Discovery Sampling

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Following the Supreme Court’s ruling in Tyson Foods and in light of the greater emphasis on proportionality in the amended Federal Rules of Civil Procedure, defendants can expect to see an increase in the use of sampling in...more

Carlton Fields

Before You Push Play – Important Considerations When Using Videotaped Depositions at Trial

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Videotaped depositions can be an effective trial tool. When using video at trial, however, attorneys must remain mindful of the court record. Often, especially for long excerpts, court reporters at trial do not see the need...more

Pillsbury - Internet & Social Media Law Blog

Google Searches & Jury Selection: What Role Should Social Media Have in Voir Dire?

We have written previously about the role of traditional discovery roles in “newer” platforms, and how social media content can be discoverable and used in litigation. What about using information from social media in jury...more

Sullivan & Worcester

Is Discovery of Private Facebook Postings On Equal Footing With General Discovery Principles?

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Are private Facebook postings entitled to more stringent protections from civil discovery? A significant string of New York Appellate Division decisions seemed to suggest that they are. But a divided panel in Forman v....more

Burr & Forman

Rule 26: What’s New, What’s Old, and What Still Needs to be Litigated

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The amendments to Rules 26(b)(1) and 26(b)(2)(C) of the Federal Rules of Civil Procedure have been in effect for almost two months now. They are expected to change the way lawyers manage discovery and the way courts resolve...more

Arnall Golden Gregory LLP

The New Rules: Making Lawsuits Speedier and Less Expensive

Be prepared, litigators, amendments to the Federal Rules of Civil Procedure are coming on December 1, 2015. These changes represent the Advisory Committee’s attempt to fulfill Rule 1’s goal of “just, speedy, and inexpensive”...more

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