The American Lawyer
Outsourcing tasks such as document review might endanger a company's confidential data. One Maryland firm was worried enough about privacy to file a lawsuit based on the claim that data sent through a legal-process outsourcing company may fall under U.S. government surveillance.
The National Law Journal
Bringing the classical economic concept of "comparative advantage" to bear on electronic discovery allows each participant to do what it does well by relying on a partnership among client, law firm and service provider, cutting discovery costs by a minimum of one-third.
New Jersey Law Journal
While a number of articles cover electronically stored information and e-discovery, fewer address the admissibility of ESI as evidence. Phillip J. Duffy and Paul E. Asfendis of Gibbons look at the issues surrounding ESI as evidence and offer guidelines toward getting it admitted.
The National Law Journal
Proposed Rule 502 of the Federal Rules of Civil Procedure aims to reduce the staggering costs of e-discovery and document review by protecting against waiver of the attorney-client privilege and work-product immunity. If approved by the House, the new rule should take effect on Dec. 1.
The National Law Journal
Two recent decisions should help guide parties to avoid costly case outcomes due to certain e-discovery miscues by collaborating on search methodology. An agreed-upon plan provides control and predictability over one of the most significant and potentially expensive aspects of discovery.
Law Technology News
Can computer applications advance electronic discovery by automatically detecting deception in e-mails? According to recent research, the application of linguistic cues of deception to analysis tools, such as keyword searches, may help identify where authors are writing deceptively.
New Jersey Law Journal
Questions continue to emerge regarding aspects of electronically stored information, especially the discoverability of metadata. Despite amendments to the FRCP, the Sedona Guidelines and court decisions, many practitioners still wonder how to best advise clients about metadata.
The National Law Journal
Most litigators will probably need to hire an electronic data discovery or computer forensics expert as a witness one day. To ensure an effective witness takes the stand, counsel should take care to determine what kind of expert is needed and how their credentials add up.
