The court as gatekeeper: Preventing unreliable pretrial e-discovery from jeopardizing a reliable fact-finding process

This article first appeared in the December issue of the Fordham Law Review. It has been republished here with the permission of the publication and its author.  Introduction  Over the past several years, a significant legal debate has evolved over whether the predicates outlined in Federal Rule of Evidence 702 and interpreted by Daubert v. […]

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

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 the University of Cincinnati College of Law and former general counsel, will present on the […]

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

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) and abandonment of proposals to reduce presumptive limits on discovery devices, the most dramatic change […]

The Social Media Frontier: Exploring a New Mandate for Competence in the Practice of Law

This excerpt was originally published in the University of Miami Law Review. It is republished here with the permission of its authors. The full article is embedded below. Introduction [W]e contend that social media in this day and age cannot be ignored. It is now a critical part of presidential politics, it has been part […]

Analytics integration can key long-term success for advisory firms

Much has been written recently about extending predictive coding techniques into the investigative realm.  Indeed, text-based predictive coding has much to recommend as a solution marketed as part of dispute resolution consulting services. It certainly can play a part in providing better and quicker insight into the information hidden in large unstructured data repositories. However, […]

Trade secrets and the rising importance of the “attorneys’ eyes only” designation

Trade secrets are not just for chemists and programmers anymore, and not just for trade secret cases. The rise of the information economy mandates that even attorneys who do not practice Intellectual Property law understand and protect the trade secrets of their clients. Common law tradition of broad discovery, drawing in “all evidence reasonably calculated […]

Inadvertent Disclosure: Avoiding Waiver Under Rule 502

The following is an exclusive contribution to the ACEDS Expert’s Corner, a collection of e-discovery articles and white papers authored by leading organizations and practitioners around the world. To submit a piece for editorial review, please contact Robert Hilson at rhilson@aceds.org.   Few things raise the legal blood pressure more than the prospect of an […]

Guidance for successfully selecting firm-wide litigation support technologies

As internal and external pressures grow, organizations of all types are closely eying new technology to govern information and perform e-discovery more effectively and at the lowest possible cost and risk.. As these companies and firms attempt to manage information from its inception to termination — and handle it appropriately when litigation strikes — the […]