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 »

Scrum over attorneys’ fees – $400,000 in $2,000 case – spotlights ‘lack of perspective’

   June 26, 2014

The concept of proportionality is one with many nuances. But in the end, it all boils down to one straightforward proposition: If you can’t see the forest, you’re too deep in the trees. That may be an appropriate criticism for ... Read More »

Purging the cloud: Data destruction in the age of cloud computing

   June 25, 2014

The number of businesses using cloud computing and storage has soared over the past decade. Compared to traditional, on-site computing, cloud services offer greater collaboration, better insight over data, more integrated and efficient development, and more productivity tools, from office ... Read More »

Bingham faces millions in sanctions if privilege claim deemed smokescreen

   June 19, 2014

“Esq.” is a powerful title, but it does not grant license to withhold key factual evidence on the grounds of attorney privilege. That is the lesson Bingham McCutchen, the 1,100-lawyer megafirm, stands to learn the hard way, as a Massachusetts ... Read More »