News

Want less fighting in e-discovery? Make the producing party act first

   July 24, 2014

Here’s a modest proposal for less contentiousness and more proportionality in e-discovery. Scrap the whole ridiculous skit where the request for production is the opening salvo. Instead, change the rules so the producing party makes the first move. Yes, it’s ... Read More »

Before moving to the cloud, address e-discovery risks and costs

   July 24, 2014

What is Cloud Storage? Many organizations, small and large, have either embraced or are considering cloud-based storage options. Cloud storage, in a general sense, refers to a form of networked enterprise storage, where data is stored in virtual pools of data ... Read More »

With nod to paper analogues, US court tells Google to disclose private account to government

   July 24, 2014

In a move that has ruffled the feathers of privacy advocates, and departs substantially from recent high-profile decisions, a US judge in Manhattan has ordered Google to turn over to federal prosecutors all contents of a Gmail account belonging to ... Read More »

Insurer, law firm clash over coverage after e-discovery malpractice suit settled

   July 17, 2014

A professional liability insurer potentially on the hook for a $12.6 million arbitration award against one of its insureds for e-discovery-related malpractice has been told by a federal court that, if it wants to cut ties with that firm, it ... Read More »

Applying Six Sigma to achieve efficient, customer-first e-discovery

   July 17, 2014

What are we missing here? Why do we keep making the same mistakes over and over in our efforts to be “defensible and reasonable” in e-discovery? Allow me to throw in a widely used tool we can use to answer ... Read More »

In predictive coding, error is not a ‘mistake’ — it’s a fact of life

   July 10, 2014

One of the most confusing aspects of predictive coding is the topic of error. When lawyers and judges are faced with the notion that there was, for instance, a 6% overall error by the model proposed to be used by ... Read More »

Issue of attorney diligence enters high-stakes fees dispute in sanctions-terminated suit

   July 10, 2014

A looming hearing in a Virginia federal courtroom over whether counsel for a serial spoliator should be held responsible for their client’s misdeeds may seek to explore the duty of attorneys to lay down the law for those they represent and ... Read More »

Five alternative career paths for e-discovery professionals

   July 10, 2014

The e-discovery industry is getting bigger and smaller at the same time. An increased interest in and availability of talent with 6 to 24 months of experience has led to an increase in the volume of hires made in 2014. ... Read More »

US judge orders firm to pay huge fee for ‘vast’ disclosure of foe’s secret docs

   July 2, 2014

When it comes to imposing e-discovery sanctions, Paul Grewal, US magistrate judge in San Jose, can conjure unease in a way that recalls classic monster movie reveals. You know what’s coming is big and unseemly. The only questions are how big, ... Read More »

Courts must reassess assumptions underlying current predictive coding protocols

   July 2, 2014

This is Part Three in a three-part article entitled, “Does the Uncritical Acceptance by Courts of Unsupported and Potentially Erroneous Technology-Assisted Review Assertions Frustrate the Objectives of Discovery?1.” The article does not argue that traditional manual discovery is generally the ... Read More »