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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

Association of Certified E-Discovery...

Ethics Rules for Using Social Media in Legal Matters

Social media is increasingly important in eDiscovery, employment investigations and jury research. Using social media in legal and HR matters raises significant ethical issues. Lawyers and other legal professionals should...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

Epiq

FRE 902 Digital Evidence

Epiq on

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

Foley & Lardner LLP on

..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

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

Carlton Fields

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

Carlton Fields on

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

Butler Snow LLP

Everything Old is New Again: New Sources for Spoliation Sanctions

Butler Snow LLP on

A recent case in the Middle District of Tennessee highlights the scope and limits of spoliation sanctions under amended Rule 37(e). In Benefield v. MStreet Entertainment, LLC, 2016 WL 374568 (M.D. Tenn., Feb. 1, 2016), the...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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