News

New York federal court blasts lawyer for spoliation, issues terminating sanctions

   September 25, 2014

Pride? Panic? Naiveté? A cocktail of each? It’s hard to say what drives smart people – people with law degrees who would seem to know better – to act so brazenly. But, putting armchair psychology aside, it continues to happen, ... Read More »

Five steps to mitigate the risks of offshore review

   September 25, 2014

The use of offshore providers for document review services is resurgent. In the early-to-mid 2000s, legal process outsourcing companies, commonly known as LPOs, burgeoned in lower cost areas, particularly India. Electronically stored data responsive to discovery requests had been proliferating ... Read More »

Zeroing in: Data targeting to reduce e-discovery volumes and costs

   September 18, 2014

This article was originally published on the blog of Modus, an ACEDS Affiliate Member and editorial contributor. For more practical tips, best practices and thought leadership, visit discovermodus.com/blog.  E-discovery has become expensive and continues to become more so. A recent ... Read More »

4 summer e-discovery cases you need to know

   September 18, 2014

This summer was a busy season for e-discovery, with new opinions that clarify challenges regarding modern technologies like the cloud and predictive coding. In this article, I’ll provide summaries and key holdings from these cases that are immediately useful in ... Read More »

With eRecall, there is no free lunch

   September 11, 2014

This article was originally published at Clustify Blog. It is republished here with the permission of its author.  There has been some debate recently about the value of the “eRecall” method compared to the “direct recall” method for estimating the ... Read More »

US judge wipes out fee request for overlawyering and block billing, awarding zero for e-discovery

   September 11, 2014

If you’re looking for a lesson in proportionality, look elsewhere. There’s nothing to see here – not in a case where nearly a million dollars in attorneys’ fees and costs requested by plaintiffs lawyers yielded a mere $50,000 jury verdict ... Read More »

Facing terror accusations, bank’s lose-lose dilemma spotlights catch-22 of cross-border discovery

   September 4, 2014

Though much is written about cross-border discovery and the specter of conflicting data laws, the tangible impact of getting wedged between a US discovery order and a foreign blocking statute is hard to define – if only because reports of ... Read More »

US court tells Microsoft to comply with warrant for customer emails stored abroad, sparking outcry

   September 4, 2014

This article was originally published in Volume 30, Issue 11 of the International Enforcement Law Reporter. It has been republished here with the permission of its author.  On July 31, US district Judge Loretta Preska, ruling from the bench, upheld ... Read More »

4 principles to apply when searching for the holy grail of e-disovery tools

   August 28, 2014

We are familiar with ala-carte pay television servicesor ala-carte menu items but are we also indulging in ala-carte technology selection for e-discovery projects? Michael J. Prounis, writing in the February edition of The Metropolitan Corporate Counsel, reminds us that “there is no ... Read More »

With enterprise social networks, sprint to innovation leaving e-discovery heed behind

   August 28, 2014

As organizations begin to dabble with enterprise social networks to realize the collaborative benefits of what are, in effect, corporate Facebooks, a new study finds that many executives are potentially blind to the litigation risks and data challenges these new ... Read More »