Will new rule prompt harsh sanctions on innocent parties for lost ESI ?

   April 24, 2014

The following is an excerpt from commentary by Thomas Allman on the changes to e-discovery rules proposals arising from a two-day meeting of the Advisory Committee on April 10 and 11 in Portland, Oregon. Mr. Allman, an adjunct professor at ... Read More »

5 Tips for Becoming a Better E-Discovery Customer

   April 24, 2014

In a recent article for ACEDS entitled, A call to vendors to make e-discovery affordable for ‘The Other 85 Percent,’ Christine Taylor took some e-discovery vendors to task for A) focusing exclusively on “big projects with potentially big returns” and B) ignoring “the ... Read More »

Comparing ‘apples to apples’ in e-discovery pricing and services

   April 17, 2014

This is the second in a series of articles in which the author will focus on ways in which law firms are re-evaluating their e-discovery business models to identify more cost-effective and efficient ways to deliver litigation support services. Although ... Read More »

Attorney competence means ‘technical knowledge’ of e-discovery, opinion says

   April 17, 2014

“Highly experienced” attorneys are not competent to handle certain cases involving electronically stored information if they do not command the technical skills and knowledge required of complex e-discovery issues. That is the essence of a proposed opinion issued by the ... Read More »

Does the Uncritical Acceptance by Courts of Unsupported and Potentially Erroneous Technology-Assisted Review Assertions Frustrate the Objectives of Discovery?

   April 10, 2014

This three-part article1 does not argue that traditional manual discovery is generally the most desirable method, or that technology-assisted review should be discarded. Manual review is often inefficient, even prohibitive, from a cost standpoint. Rather, the article challenges current judicial ... Read More »

Peeved judge tells law firm to make its lawyers pay for own e-discovery blunders

   April 10, 2014

When attorneys from a big law firm are sanctioned for discovery abuse, they may usually draw from the firm’s coffers to pay the bill. In a Miami federal court, a judge fed up with a “shockingly deficient” discovery effort by ... Read More »

Re-evaluating e-discovery business models to avoid reinventing the wheel

   April 3, 2014

Law firms are re-evaluating their e-discovery business models to identify more cost-effective and efficient ways to deliver litigation support services. Demand for legal services has decreased over the last five years and clients are taking more litigation work in-house. Investments ... Read More »

Lawyer’s failure of social media due diligence leads to adverse inference

   April 3, 2014

It’s a familiar story with a familiar fact pattern. Girl sues boy for harassment. Boy demands girl’s Facebook posts. Girl’s lawyer – oops – forgets to tell girl to preserve them. Judge sanctions girl for lawyer’s mistake. A recent Pew ... Read More »

The 2013 Civil Rules Package After the Public Comments: The Portland Finale

   March 27, 2014

On Friday, March 21, the Civil Rules Advisory Committee released reports from two relevant Subcommittees recommending changes in the “package” of proposed amendments to the discovery rules now before the Rules Committee. Aside from some “tinkering” with Proposed Rule 26(b)(1) ... Read More »

Public outpouring spurs ‘total rewrite’ of proposed e-discovery sanctions rule

   March 24, 2014

The long road to rule making is one driven slowly, but, as dramatic recent events attest, fraught with hard left turns Read More »