Leonard Deutchman

July 23, 2008 | Legaltech News

Although Web-based e-mail works differently than "company" e-mail, where the employer owns the e-mail server, it can be a fruitful source of e-discovery. But all parties need to know the legal and technical limits of where Web mail can be found and the means of producing it.

By Leonard Deutchman

10 minute read

May 19, 2010 | Corporate Counsel

Attorney Leonard Deutchman has reviewed federal court decisions that applied the "plain view" doctrine of the Fourth Amendment to law enforcement engaged in computer searches. He now looks at a 9th Circuit decision which rejected the doctrine and analyzes the pros and cons of both views.

By Leonard Deutchman

13 minute read

January 12, 2009 | The Legal Intelligencer

The paradigm that has emerged in e-discovery cases involving spoliation claims is that success regarding the spoliation claim will lead not just to imposition of monetary sanctions on the offending party but also to "adverse inference" instructions that w

By Leonard Deutchman

10 minute read

January 11, 2010 | The Legal Intelligencer

Often, when I am part of a CLE seminar on e-discovery and discuss what a practitioner must do in seeking or producing e-discovery, an attorney will raise his (it's always "his") hand and ask tendentiously, "Where in the Federal Rules does it say that a party 'must' do ?" whatever it is I am saying the party must do?

By Leonard Deutchman

8 minute read

May 12, 2008 | The Legal Intelligencer

An influential federal district judge whose opinions on e-discovery are well respected may have set e-discovery on a path toward its most searching scrutiny yet.

By Leonard Deutchman

9 minute read

December 21, 2009 | The Legal Intelligencer

In p

By Leonard Deutchman

13 minute read

June 16, 2011 | Legaltech News

Leonard Deutchman, GC of consultancy LDiscovery, writes that there is little doubt that producing parties routinely consider e-discovery production costs to determine whether to fight or settle, and often, these costs play a large role in that decision. Two recent cases introduce a possible game-changing variable: Will e-discovery requests lessen if the losing party has to pay e-discovery costs?

By Leonard Deutchman

15 minute read

August 10, 2010 | The Legal Intelligencer

It's a familiar scene in movies and on TV: a character, seeking to understand an issue involving computers, proclaims that an "expert" is needed. A teen is then brought on screen or referenced in dialogue.

By Leonard Deutchman

15 minute read

June 10, 2008 | Legaltech News

Attorney Leonard Deutchman looks at the travails of the lawyers dubbed the "Qualcomm Six" and their answers to questions posed by the magistrate and district judges. Such an exercise leads to valuable lessons regarding how to work with clients when addressing electronic discovery matters.

By Leonard Deutchman

16 minute read

July 21, 2008 | Law.com

It is an understatement to observe that the focus, if not the obsession, of e-discovery production today is the production of e-mail. In the prototypical e-discovery matter a company has an email server and workstations. Web-based e-mail, however, provides a second generic source of e-mail. However, several issues arise regarding the preservation of Web mail.

By Leonard Deutchman

10 minute read