Leonard Deutchman

July 13, 2009 | The Legal Intelligencer

In p

By Leonard Deutchman

13 minute read

October 12, 2010 | Legaltech News

Victor Stanley is worth the read if only for its review and distillation of e-discovery law. The court's focus on spoliation and its remedies is "spot on," according to attorney Leonard Deutchman, but the lessons drawn from the reality underlying the court's analysis are discouraging.

By Leonard Deutchman

14 minute read

June 11, 2007 | The Legal Intelligencer

A federal district judge from Maryland recently made the trenchant observation that "it makes little sense to go to all the bother and expense to get electronic information only to have it excluded from evidence" for lack of a sufficient foundation.

By Leonard Deutchman

13 minute read

December 19, 2008 | Legaltech News

In the first of a two-part series, attorney Leonard Deutchman discussed the first opinion to apply the new Federal Rule of Evidence 502. In this installment, Deutchman examines whether the judge's use of the analytical tools was flawed, or whether the test for waiver itself is flawed.

By Leonard Deutchman

8 minute read

March 23, 2010 | The Legal Intelligencer

Two weeks ago, I reviewed the factual findings and legal conclusions in the temporary restraining order and trial court opinions in Mintel International Group v. Neergheen, Civ. 08-CV-3939 ("Mintel I") and a decision handed down in that case on Jan. 12, which is being referred to as "Mintel V."

By Leonard Deutchman

8 minute read

February 25, 2008 | The Legal Intelligencer

I generally do not write about recent cases because they tend not to provide guidance to the practitioner. Typically, attorneys ask me practical questions: what to seek or produce in an e-discovery matter, what is the best way to preserve data or design a

By Leonard Deutchman

9 minute read

August 12, 2011 | Legaltech News

In the wake of Victor Stanley, attorney Leonard Deutchman finds two new cases that support a trend toward courts using sanctions for e-discovery violations as they do for Fourth Amendment violations: to "police" the practice of e-discovery generally by imposing sanctions not simply to punish the litigant, but to deter the future misconduct of others.

By Leonard Deutchman

14 minute read

December 18, 2006 | Legaltech News

The responsibility to preserve and produce electronically stored information lies with counsel, which means lawyers must learn enough about ESI to discuss it intelligently. Leonard Deutchman breaks down mandatory disclosure and objections to requests for ESI deemed not "reasonably accessible."

By Leonard Deutchman

7 minute read

September 08, 2008 | The Legal Intelligencer

In May, the "Geekspeak" column examined a pair of decisions -- United States v. O'Keefe, 537 F. Supp. 2d 14 (D.D.C. 2008) and Equity Analytics v. Lundin, No. 1:2007cv2033 (D.D.C. March 7, 2008) holding that any challenges to or defenses of s

By Leonard Deutchman

11 minute read

December 08, 2008 | The Legal Intelligencer

In Rhoads Industries v. Building Materials Corp., No. 07-4756 (E.D. Pa. Nov. 14, 2008), Judge Michael M. Baylson of the Eastern District of Pennsylvania issued the first opinion to apply newly-enacted Federal Rule of Evidence 502, which governs how

By Leonard Deutchman

9 minute read