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What's Ahead in E-Discovery in 2014

January 1, 2014 - By Greg W. Duke
Last year, our crystal ball predicted that we would finally see the amendments to the Federal Rules, that judges would take a greater role in policing parties in e-discovery, that organizations would increasingly allow personal devices to be used for business purposes and thus would adopt more bring-your-own-device policies, that regulatory agencies would increase their enforcement, and that detailed discovery agreements would become more prevalent in meet-and-confer sessions. Though we still...
 
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Posted in: Law

Rethinking Negotiating Strategies for Predictive Coding

January 1, 2014 - By Ali Waheed
Throughout 2013, we have the use of predictive coding increase and, along with it, frequent calls for cooperation among counsel. From the proposed changes to the Federal Rules of Civil Procedure to the U.S. District Court for the Eastern District of Michigan’s pilot “Model Order Relating to the Discovery of Electronically Stored Information” and Rule 26(f) meet and confer checklist to Massachusetts’ new Rules of Civil Procedure, the emphasis is on cooperation and proportionality in e-dis...
 
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Posted in: Security

It's Time to Take Stock of Your Data

December 20, 2013 - By Ali Waheed
As the end of the year approaches, this is the time that many organizations take stock of their inventory and prepare for the year ahead. Likewise, it is the perfect time of year for organizations to consider their data stores and plan their information management strategy for the coming year. Storage is cheap, and technology speeds review of data in e-discovery, but there is no reason to spend money retaining data that has no business use, particularly if it can drive up the...
 
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Posted in: Feature

What We Learned in 2013

December 20, 2013 - By Greg W. Duke
Over the last year, we’ve covered some of the most exciting developments in e-discovery to date. Here are the stories that we think best tell the tale of e-discovery in 2013. 5. Proportionality is in. Proportionality concerns dominated many cases from 2013 as well as the proposed amendments to the Federal Rules of Civil Procedure (see below). For instance, the court in Federal Deposit Insurance Corp. v. Brudnicki supported the FDIC’s...
 
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Posted in: Feature

Three Reasons Why the Right E-Discovery Vendor Matters

December 6, 2013 - By Ali Waheed
Today, a company’s ability to find the right e-discovery vendor can play a significant role not only in whether it complies with its discovery obligations but also in whether it succeeds in litigation. Three recent cases teach critical lessons for choosing role the right vendor, improving compliance, and avoiding sanctions. The Party That Fails to Do Due Diligence In January 2013, pharmaceutical giant GlaxoSmithKline(“GSK”) sued its e-discovery vendor, Discovery Works Legal Inc., ...
 
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Posted in: Law

Predictive Coding: More Than a One-Trick Pony

December 6, 2013 - By James Sumner
Thus far, the case law approving the use of predictive coding has focused on its use as a primary tool for performing cost-effective first-level document review in high-volume cases. However, predictive coding is more than a one-trick pony; it is a workhorse rapidly becoming more and more accepted by both in-house and outside counsel. Here are some of the myriad ways lawyers and their clients can deploy this flexible tool alongside other technological tools as a complement to or i...
 
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Posted in: Law

Now You See It, Now You Don't: New Applications Designed to Make Evidence Disappear

November 22, 2013 - By Greg W. Duke
If you’re using Snapchat and other forms of disappearing social media and apps, are you committing spoliation of evidence? Depending on your industry and controlling regulatory authority, the answer is likely yes. A number of disappearing evidence applications are currently on the market and are becoming increasingly popular in the workplace. Snapchat is an application that allows users to send photographs and videos that self-destruct within 10 seconds of being viewed. Although Snapchat’s privac...
 
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Posted in: Feature; Social Media

The Leading Ladies of E-Discovery: The Rules Architect, Judge Lee H. Rosenthal

November 14, 2013 - By Kelli Clark, Esq.
Before the 2006 amendments to the Federal Rules of Civil Procedure, the last time the Rules had been amended to acknowledge computers was in 1970: Rule 34 governing the production of documents and things was revised to include the words “data and data compilations.” The charge to amend the rules was led by U.S. District Judge Lee H. Rosenthal, whom Chief Justice William H. Rehnquist had appointed as chair of the Judicial Conference Advisory Committee on the Federal Rules of Civil Procedure in 2003. As...
 
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Posted in: Law

New Rules Allow Judges to Govern E-Discovery With an Iron Fist (Covered in a Velvet Glove)

November 14, 2013 - By Greg W. Duke
Ahead of the proposed changes to the Federal Rules of Civil Procedure, courts and organizations continue to add their spin on ways to control e-discovery. The last month has been particularly active, with the promulgation of four new sets of rules and guidelines. Federal In late September, the U.S. District Court for the Eastern District of Michigan approved a “Model Order Relating to the Discovery of Electronically Stored Information” and a Rule 26(f) meet and confer checklist “ on a pilot peri...
 
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Posted in: Law

Leading Ladies of E-Discovery: Nan Nolan, Champion of Cooperation

October 24, 2013 - By Kelli Clark, Esq.
Former U.S. Magistrate Judge Nan Nolan handled complex cases throughout her judicial career, but her lasting legacy is the guidance she provided to make attorneys better practitioners, especially when it comes to e-discovery. By encouraging cooperation among parties, often forcing them together in a “cooperative” environment, Judge Nolan focused her work on changing the way attorneys approach e-discovery, and thus litigation in general, as co-chair of the Seventh Circuit’s E-Discovery Pilot Program an...
 
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Posted in: Law; News - Company

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