Originally published by Compelling Discovery. What do you do if you receive documents from an anonymous source that contain privileged information from your adversary? That is the question Merits Incentives, LLC v. Dist. Ct., 127 Nev. Adv. Op. 63, 262 P.3d 720 (2011) addressed and it is still a topic that…
Originally published by The Relativity Blog By David Horrigan When most of us tell friends and family we work in eDiscovery, we often get befuddled looks. Even many of our legal colleagues think of eDiscovery the way they think of ancient Egyptian hieroglyphics or the Rule Against Perpetuities—undecipherable, complex, and best…
Originally published by FindLaw. By Mark Wilson, Esq. The eDiscovery revolution begun in the late ’90s continues unabated, but wearable data-collecting devices like the Fitbit present a new and interesting problem for electronic discovery. Anything You Wear May Be Used Against You in a Court of Law You can probably imagine…
Originally published by FindLaw. By Mark Wilson, Esq. Electronic discovery is the name of the game these days as more and more people and companies store their stuff in the form of bytes, not pages. That means that lawyers need to know how electronic discovery works (and in some places, that’s…
Originally published by California Lawyer. by Susan Kuchinskas | May 2015 The discipline known as information governance has risen in visibility and application over the past year. And the bigger a law firm is, the more data it generates and stores-and must control and keep safe. Smaller firms may have more…
Originally published by eDiscovery News. Cost shifting is the concept of shifting the expense associated with your discovery obligations, in whole or in part, to the party requesting the material. The concept is not new, but it is historically underused, in part because courts and third party decision makers have been…
Originally published by JD Supra Business Advisor. eDiscovery is poised to enter a new revolution as the Internet of Things (“IoT”) continues its seemingly exponential growth. IoT is the ecosystem of interconnected sensory devices that perform coordinated, pre-programmed – and even learned – tasks without the need for continuous human…
Originally published on ELL Blog. Authored By: Schawn-Paul Rotella Citation: Herron v. Fannie Mae, 1:10-cv-00943-RMC, (D.D.C. Feb. 2, 2015). e-Lesson Learned: Judges are human. When requesting discovery amid multiple discovery disputes, one’s requests should be narrow and specific. Otherwise, one risks the presiding judge’s cutting off all future discovery due…
Originally published on FCW. The expanding reach of the Freedom of Information Act has introduced a new dynamic at federal agencies, and it is driving the need for IT professionals in the public sector to understand and conduct electronic discovery for records being requested by individuals and private parties under…
Originally published on Legal IT Insider. By Stan Pierson In our first article, we discussed this year’s revisions to FRCP 37(e) – set to go into effect in December. The new rule is more about solving problems caused by lost ESI than punishment for the loss, provided parties take reasonable…
