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Adam Cohen

Adam Cohen

July 05, 2013 | Inside Counsel

The lineage of recent preservation failures

Two recent cases, Pillay v. Millard Refrigerated Services, Inc. and Gatto v. United Airlines, Inc., et al., show that some kinds of preservation failures are being repeated despite multiple decisions over the course of many years sanctioning the same types of spoliation.

By Adam Cohen

10 minute read

May 30, 2013 | Inside Counsel

Technology-assisted review case law summary

More than a year ago, Magistrate Judge Andrew Peck of the U.S. District Court for the Southern District of New York issued the first judicial opinion recognizing technology-assisted review as a legitimate discovery tool.

By Adam Cohen

9 minute read

March 19, 2013 | Inside Counsel

Lawyers: Do not “friend” or “tweet” jurors and parties represented by counsel

As demonstrated in several recent cases, social media has emerged as a dangerous temptation to juror misconduct.

By Adam Cohen

11 minute read

February 15, 2013 | Inside Counsel

Regulating employee behavior on social media: The limits of corporate policy

Employers have been quick to recognize that there are significant and varied risks involved when employees talk about employment-related issues on social media.

By Adam Cohen

4 minute read

January 11, 2013 | Inside Counsel

Processing: the blender of e-discovery

One of the most expensive technical portions of e-discovery is something called processing.

By Adam Cohen

4 minute read

December 21, 2012 | Inside Counsel

Lawyers have professional responsibilities as they relate to electronically stored information

The American Bar Association (ABA) recently updated its Model Rules of Professional Conduct in a way that many lawyers will view with great fear and loathing.

By Adam Cohen

11 minute read

November 01, 2012 | Inside Counsel

The e-discovery costs winners can recover

The high cost of electronic discovery has triggered intense efforts at reducing that cost through technological means, such as computer-assisted document review.

By Adam Cohen

4 minute read

September 21, 2012 | Inside Counsel

E-discovery: 2nd Circuit case sets e-discovery precedent

While magistrate judges supervising electronic discovery often have their recommendations subjected to review by district court judges, the federal circuit courts of appeal are rarely a source of electronic discovery precedent.

By Adam Cohen

10 minute read

July 20, 2012 | Inside Counsel

“Reasonable measures” and the perils of inadvertent disclosure in e-discovery

Privilege review is a persistent problem for attorneys reviewing voluminous electronic information as part of the discovery process.

By Adam Cohen

6 minute read

June 06, 2012 | Inside Counsel

When collection is the only defensible means of preservation

There are many options when it comes to preserving electronically stored information (ESI).

By Adam Cohen

5 minute read