E-Discovery

Coverage of products, rulings impacting how discovery is conducted, the application of and abidance with the Federal Rules of Civil Procedure, and business news

  • New York Law Journal

    Three Strategic Choices in E-Discovery

    By Christine Payne and Michelle Six | February 2, 2018

    Electronic discovery gets a bad rap. Most lawyers find it unappetizing, high risk, and unglamorous. This perspective, however, overlooks a key litigation opportunity: developing e-discovery strategy hand in hand with trial strategy. It's the best approach for achieving solid results for your clients.

    1 minute read

  • New York Law Journal

    Regulator Preservation Notices—Can You Narrow the Scope?

    By Robert Lindholm and Lucie Cohen | February 2, 2018

    A federal or state regulator, such as the SEC or a state attorney general, sends a company a preservation notice stating that it believes the company may possess “documents” relevant to an ongoing investigation and requests that the company “reasonably” preserve such evidence until further notice. How should the company respond?

    1 minute read

  • New York Law Journal

    Beyond Document Review: Meeting Other Big Data Challenges

    By Bruce Hedin and Michael Morneault | February 2, 2018

    Years after Judge Andrew Peck declared it to be “black letter law” in 'Rio Tinto', technology-assisted review has finally entered the mainstream among a growing suite of technology-driven e-discovery tools. It is taking a bit longer, however, for practitioners to fully recognize that document review over large data populations is an information retrieval task.

    1 minute read

  • New York Law Journal

    Getting It Right the First Time: Avoid the Dreaded Privilege Log 'Re-Review'

    By Marc R. Shapiro and Kelly M. Cullen | February 2, 2018

    Privilege logs are loathed by the attorneys who create them, the judges who review them, and the clients who pay for them. And the only thing worse than creating a privilege log is re-creating a privilege log. While we can't promise a pain-free process, an organized approach upfront will help avoid this judicially-mandated infliction of pain.

    1 minute read

  • Legaltech News

    E-Discovery in the Year 2048: What the Future Holds

    By Rhys Dipshan | February 1, 2018

    A Legalweek panel painted a picture of the future of legal that is more machine than human, where automation is key but the work never ends.

    1 minute read

  • Legaltech News

    Why IG, E-Discovery Always Lags Behind Corporate Needs

    By Rhys Dipshan | February 1, 2018

    A Legalweek 2018 panel examined the challenges corporations face in staying ahead of a growing amount of data types and sources.

    1 minute read

  • The Legal Intelligencer

    Justices to Eye Discoverability of Emails Between Hospital Counsel and PR Firm

    By Max Mitchell | February 1, 2018

    The high court specifically agreed to hear arguments about whether sending prelitigation emails to public relations consultants waives the work-product doctrine, and whether a third party must provide legal advice, or be acting under the control of an attorney or the client, to qualify as a privileged person.

    1 minute read

  • Legaltech News

    ESI Discovery of Tomorrow Looks Much Like Today

    By Michele C.S. Lange | February 1, 2018

    U.S. District Court judges reinforce e-discovery basics through a series of hypothetical scenarios during Day 2 Legalweek 2018 keynote.

    1 minute read

  • The Recorder

    As Jury Is Seated, Judge Says Waymo Trial Won't Be on Uber's Litigation Conduct

    By Ross Todd | January 31, 2018

    U.S. District Judge William Alsup's jovial, reverential tone with the jurors on Wednesday stood in contrast to an order made public late Tuesday night dealing with a flood of Waymo motions alleging misconduct by Uber during the course of the litigation.

    1 minute read

  • Legaltech News

    Federal Judges: FRCP, Digital Evidence Laws Have Long Way to Go

    By Rhys Dipshan | January 31, 2018

    Three former federal judges offered their takes on the biggest challenges facing the judiciary in a panel sponsored by Thomson Reuters and the Association of Certified E-Discovery Specialists.

    1 minute read

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