Friday, April 8th, 2011
A recent New York Times article highlights the efficiencies and insights gained with review by e-discovery software such as our partner, Clearwell. The article states that computers are becoming better at mimicking human reasoning in general and that they already bring to light key insights referred to as “digital anomalies” or potential evidence of wrongdoing. [...]
Friday, February 25th, 2011
Recent Decision by Zubulake judge, Shira Scheindlin, Addresses Both Form of Production and Cooperation
Judge Shira Scheindlin’s new opinion, National Day Laborer Organizing Network v. US Immigration and Customs Enforcement Agency, reiterates the importance of metadata and cooperation in e-discovery—two distinct e-discovery notions as one relates to form of production and the other to counsel’s conduct [...]
Wednesday, January 26th, 2011
A recent case out of the Northern District of Illinois ordered not only a phased approach to discovery, but for the parties involved to do some homework as well. The parties were expected to be up to speed on both the Seventh Circuit’s Electronic Discovery Pilot Program’s Principles, as well as, the Sedona Conference’s Cooperation [...]
Wednesday, December 22nd, 2010
E-Discovery expert, Craig Ball recently published an article in Law Technology News supporting almost exclusive use of native document format for both review and production.
Monday, December 6th, 2010
A phased approach to discovery is both a reasonable and proportional method to obtain relevant electronic information. There is a growing number of opinions espousing this notion, including Haka v. Lincoln County stemming from the Western District of Wisconsin.
Monday, November 8th, 2010
Ralph Losey—an expert in the field of e-discovery—has an excellent analysis of Judge Waxse’s newsworthy decision.
Wednesday, October 27th, 2010
Good preparation for this mandated “meet and confer” conference can be critical. The 7th Circuit Electronic Discovery Pilot Program has issued an initial report on the subject as a good resource for practitioners.
Monday, October 18th, 2010
In the already disputatious arena of e-discovery, form of production may be one of the most hotly debated topics. The EDRM website includes a comprehensive guide to ESI production.
Wednesday, October 13th, 2010
The Sedona Conference has published its, “Commentary on Proportionality in Electronic Discovery,” which includes a discussion and advice on utilizing technology in a e-discovery proportionality analysis.
Monday, October 4th, 2010
The ABA Young Lawyers Division has recently published this article discussing the latest formal ethics opinions related to metadata including: the sender’s responsibility when transmitting electronic files; the recipient’s right to examine files for metadata; and the recipient’s duty to notify the sender if sensitive data is discovered.
The article concludes that “by exercising the appropriate caution [...]
