May 08, 2006 | The Legal Intelligencer
Too Many Cases, Too Few InvestigatorsThe 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 EvidenceAttorney 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 PreservationIn 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 ChangesIn 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 OrderSince 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 OffAttorney 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 ReliabilityBy 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 ConferIn 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