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Leonard Deutchman

Leonard Deutchman

May 08, 2006 | The Legal Intelligencer

Too Many Cases, Too Few Investigators

The category of "computer crime" includes many disparate offenses, from child pornography to transmission of computer viruses to identity theft. This raises a problem.

By Leonard Deutchman

7 minute read

October 14, 2011 | Legaltech News

Low-Tech Factors Can Often Outweigh High-Tech Evidence

Attorney Leonard Deutchman reviews a recent Pennsylvania e-discovery decision and argues courts still favor traditional, low-tech factors, even in high-tech cases.

By Leonard Deutchman

12 minute read

March 19, 2013 | The Legal Intelligencer

Revising the Rules Regarding ESI Preservation

In November 2012, the Judicial Conference of the U.S. Advisory Committee on Civil Rules proposed that Rule 37(e) be gutted and replaced with one that allows a court to sanction a producing party for failure to preserve "discoverable information that reasonably should" have been "preserved in the anticipation or conduct of litigation" only when the requesting party can show that the failure was "willful or in bad faith" and caused the requesting party "substantial prejudice," or that such failure "irreparably deprived" the requesting party "of any meaningful opportunity to present a claim or defense."

By Leonard Deutchman

15 minute read

November 13, 2006 | The Legal Intelligencer

Getting Ready for the Rules Changes

In last month's article, Getting Ready for the Rules Changes, Part I, we discussed how recent case law and the upcoming changes to the Federal Rules of Civil Procedure make clear that parties must preserve potentially discoverable electronically stored in

By Leonard Deutchman

6 minute read

December 13, 2011 | The Legal Intelligencer

KPMG, Part II: Strong Objections to the Magistrate Judge's Order

Since my column last month, "E-Discovery Cooperation — Catching Even More Flies with Honey," in which I discussed the U.S. District Court for the Southern District of New York's 2011 opinion in Pippins v. KPMG, many online journals and bloggers have noted and weighed in on the opinion, in which Magistrate Judge James L. Cott denied KPMG's motion to preserve a sampling of only 100 hard drives that could contain relevant data, as opposed to the 2,500 hard drives the defendant had been preserving at the cost of $1.5 million and an additional 6,500 it might have to preserve. Instead, the court ordered preservation of all 9,000 hard drives.

By Leonard Deutchman

16 minute read

February 21, 2012 | Legaltech News

Proper Preparation for the Meet-and-Confer Pays Off

Attorney Leonard Deutchman examines National Association of Music Merchant. The ruling isn't groundbreaking, but it does provide a lesson in why cooperation in e-discovery matters should be sought.

By Leonard Deutchman

14 minute read

May 07, 2013 | The Legal Intelligencer

When Should Predictive Coding Be Compulsory?

In Da Silva Moore v. Publicis Groupe, affirmed, 2012 U.S.Dist. LEXIS 58742 (2012), a much-written-about opinion, Magistrate Judge Andrew Peck, a jurist highly regarded for his knowledge of e-discovery, held that a party could be compelled to use predictive coding, over objections as to its reliability, to review electronically stored information for discovery production.

By Leonard Deutchman

10 minute read

April 15, 2013 | Texas Lawyer

Cut E-Discovery Costs Without Sacrificing Reliability

By diligently mapping the sources of ESI and testing that mapped data to see to what degree it resembles how it has been described, a good lawyer can reduce the cost of e-discovery production in the simplest of ways, i.e., by reducing the amount of data to be reviewed and produced.

By Leonard Deutchman

10 minute read

April 14, 2009 | National Law Journal

The 'next big thing' in e-discovery?

Early case assessment, a process through which reviewers try to define the universe of potentially responsive electronically stored information as quickly and cheaply as possible, is either the "next big thing" or the "present big thing" in e-discovery, says attorney Leonard Deutchman.

By Leonard Deutchman

13 minute read

February 14, 2012 | The Legal Intelligencer

Requestors: Take Advantage of the Meet and Confer

In the U.S. District Court for the Southern District of California's 2011 ruling in National Association of Music Merchants Musical Instruments and Equipment Antitrust Litigation, Magistrate Judge Louisa S. Porter denied the plaintiffs' motion to order defendants (popular guitar-makers such as Fender, Gibson and Yamaha.

By Leonard Deutchman

14 minute read