Adam Cohen
July 05, 2013 | Inside Counsel
The lineage of recent preservation failuresTwo 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 summaryMore 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 counselAs 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 policyEmployers 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-discoveryOne 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 informationThe 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 recoverThe 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 precedentWhile 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-discoveryPrivilege 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 preservationThere are many options when it comes to preserving electronically stored information (ESI).
By Adam Cohen
5 minute read
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