July 14, 2011 | Legaltech News
Why E-Discovery Cooperation Is Best for Both SidesDuring the e-discovery process, producing parties can bear considerable costs for preserving, collecting, processing, searching, reviewing, and producing data. Thus, it's in the producing party's enlightened self-interest to minimize costs. But requesting parties shouldn't assume they won't bear any e-discovery costs. Attorney Leonard Deutchman argues for cooperation.
By Leonard Deutchman
10 minute read
January 13, 2009 | Texas Lawyer
Being Right and Still LosingThe 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 will result in the offending party losing on the merits.
By By Leonard Deutchman
10 minute read
June 14, 2011 | The Legal Intelligencer
The Loser Pays E-Discovery Costs? A Potential Game-ChangerFor all that has been written about e-discovery over the past decade, the only reason anyone truly cares is its cost in both money and time (which often are the same thing).
By Leonard Deutchman
15 minute read
November 10, 2008 | The Legal Intelligencer
The Need for SpeedTwo thoughtful jurists issued opinions in discovery matters that took opposite tacks in different situations to achieve the same goal.
By Leonard Deutchman
11 minute read
March 12, 2007 | The Legal Intelligencer
Getting Ready for the Rules Changes, Part VIIn the last several articles I have addressed how attorneys can master the technical and legal requirements of electronic discovery production mandated by the recent changes to the Federal Rules of Civil Procedure. Since litigants now must have early disc
By Leonard Deutchman
13 minute read
February 16, 2009 | The Legal Intelligencer
Say What You Want or Pay a PriceLast week, I began a discussion of Aguilar v. Immigration & Customs Enforcement, 2008 U.S. Dist. LEXIS 97018 (S.D.N.Y. November 2008), in which Magistrate Judge Maas ruled on plaintiffs' requests for production o
By Leonard Deutchman
11 minute read
February 08, 2011 | The Legal Intelligencer
You Say You Want an Evolution?I have stated in numerous articles that I write for the practitioner, but this article, I must confess, is for the philosopher of law in each of us.
By Leonard Deutchman
13 minute read
October 12, 2010 | The Legal Intelligencer
A Primer on E-Discovery EnforcementA federal judge's most recent opinion in an ongoing matter provides remarkable insight into several issues that arise frequently in e-discovery.
By Leonard Deutchman
14 minute read
August 10, 2010 | Law.com
When Do You Call an Expert for Cell Phone Data?Two recent cases found that detectives were not qualified by training and experience to interpret cell site location records to determine whether a phone was within range of a certain tower. Leonard Deutchman questions whether this constitutes an overreliance on expert testimony.
By Leonard Deutchman
15 minute read
October 13, 2008 | The Legal Intelligencer
Talking About De-DuplicationIn Nursing Home Pension Fund v. Oracle, No. C 01-00988 SI, 2008 U.S. Dist. LEXIS 66740 (N.D. Calif. 2008), purchasers of Oracle Corp. stock, brought a class action against Oracle and related defendants under the Securities and Exchange Act of 1934 allegin
By Leonard Deutchman
6 minute read
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