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ABA Provides Ethical Guidance on ESI; Pennsylvania, Florida Update Procedural...
In case you were thinking of playing fast and loose with digital client information, new rules require you to think again. The American Bar Association (ABA) recently amended the Model Rules of...
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Bankruptcy's Unique Characteristics Prompt Special Guidance From ABA Working...
Earlier this year the ABA ESI in Bankruptcy Working Group issued interim guidelines on the "scope and timing" of a party's obligation to preserve ESI in bankruptcy cases. The group comprises both...
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Judge Scheindlin Tells Government Agencies to Conduct Searches Again,...
As long as there have been saws, carpenters have lived by this axiom- "measure twice; cut once." To do the reverse and "save time" by skipping that second measurement too often results in a waste of...
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‘Siri®, How Much Discoverable ESI is on My Smartphone?’
'Siri®, How Much Discoverable ESI is on My Smartphone?' As anyone who has collided with someone staring at their smartphone and not where they are walking knows (known in Yoga circles as the...
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Disclosing Review Methods
Litigation can be a lot like those Russian matryoshka dolls. You know, the kind where you open one to find another, and another and another, etc.? This happens in litigation, when the parties lock...
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FTC Rules Get E-Discovery Makeover This Month
When really broad neckties went out of style, one solution might have been to take a pair of scissors to them and snip them to a modern-day width. Smarter guys might simply have taken them to a...
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The Litigation Data Avalanche: Time To Move To The Cloud?
By Matthew Gillis and Steven Berrent For those of us who are trying to look down the road and see where the litigation technology industry is headed, it might be instructive to take a look back in...
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You May Occupy Your Twitter Account, But Do You Own It?
If recent developments in New York Criminal Court are any indication, your social media, email and SMS texts are just as vulnerable to exposure as everyone has been saying they are. Such a trend is...
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U.S. Judge Says Plaintiff's Litigation Hold Doesn't Pass Smell Test, Directs...
Will your litigation hold meet a judge's expectations? And if not, what are the potential consequences? Are you looking at sanctions or millions of dollars' worth of forensic discovery? To get a...
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Use Predictive Coding and Get an E-Discovery Vendor, Judge Says, Or Tell Me...
Years ago, humorous writer Fran Lebowitz was asked about criticism of a judge overseeing one of the highest profile murder trials of all time. The jurist was taking heat for what people viewed as a...
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Outbreak of Reason Reported in Northern District of California: New...
American litigators in high-stakes cases can be aggressive, clever, passionate, smart and, if necessary, ruthless. And costs be damned! It's how they roll. In fact, some people who study these things...
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E-Discovery Checkpoints: A 360-Degree View-Part 1
Any image of a judge luxuriating on the bench like a silent referee on the elevated sidelines of the proceedings quickly melts away like tiny birthday candles when it comes to electronic discovery. To...
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Apple® Products: Sturdy Security, PC Differences Require Special Attention in...
It seems like they have been around much longer, but the first iPod® was released by AppleInc. in November of 2001. Suddenly many consumers were using a product made by the maker of Mac® computers,...
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There Is Nothing Like The Real Thing: Copied And Pasted Data Insufficient...
When you're expecting a swell gift-and when only a name brand will do-it is hard to fake a smile of gratitude when you tear off the wrapping paper to reveal your brand new R-Manny suit. You look at it...
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Insurer’s Contractual Access To Agent Files Qualifies As Control Under FRCP 34
The contractual right to something-even if you don't have it in your hands-can qualify as possession, custody and control. This is how the U.S. District Court for New Jersey saw it...
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Big Data & E-Discovery: Your New Resource in Telling a Better Story
Are you using data analytics to identify profitability of individuals or specific matters? Or to support or refute claims and allegations? Or to spot and exploit trends and opportunities? While...
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E-Discovery Checkpoints: A 360-Degree View – Part 2: The Lawyer’s Perspective
When it comes to network hacking, corporate espionage, intellectual property theft and managing massive volumes of data in a multi-million-dollar business dispute, everyone can pretty much plan to...
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To Define “Data Privacy,” You Will Need a Map, a Calendar and a Clock
What is "data privacy"? It is a lot like asking what "food" is. The answer depends on where you are, who you are, what time it is and how hungry you are. Breakfast in Japan often comprises miso...
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Trend Spotting: Law Firms Seek to Enhance In-House E-Discovery Capabilities
We have seen a recent uptick in announcements that law firms have developed or expanded their internal e-discovery capabilities. Providers are quick to note each time that a law firm licenses their...
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Exporting Data to a Cloud Could Mean Importing Trouble
The concept of exporting might conjure up images of large shipping crates hoisted aboard ships or wheeled through the cargo bay doors of humongous transoceanic aircraft. What likely doesn’t come to...
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When EDI is Accessible and Proportionally Affordable, Plan to Produce
In case you were in doubt, being asked to provide “easily accessible” digital records of thousands of paper documents you already produced may not be considered unreasonably cumulative, duplicative or...
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Controlling E-Discovery Costs for Clients
By: Trent Walton -- Over the past several years, we’ve seen the emergence of early data assessment (EDA) software tools. EDA tools help control costs by first culling non-responsive and duplicate...
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Weaving ESI into the Fabric of Your Case
By: Michael Kelleher -- A central case database where litigators track issues, witnesses, events, documents, to-do items and more is a vital tool for making e-discovery and litigation more...
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The Cost of Justice under a Microscope: Proposed Federal E-Discovery Rules...
An alien invasion. The Rapture. Changes in federal e-discovery rules. All three draw speculation and commentary around whether, when and how they will come to fruition. For now we will leave Judgment...
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Auto-deletion of Text Messages on Company and Personal Cell Phones among...
As commentators lodge their support or dismay over proposed changes in federal e-discovery rules, cautionary tales continue to be written. When it comes to inadvertent disclosure, practitioners have...
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