Leonard Deutchman

February 19, 2007 | The Legal Intelligencer

In 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. The rules require litigants to meet and

By Leonard Deutchman

13 minute read

March 30, 2010 | Corporate Counsel

There is sufficient case law under the Computer Fraud and Abuse Act to justify opposite conclusions of law, says attorney Leonard Deutchman. An advocate must often rely on factors or "equities" not germane to the matter to get the court to follow one strain of case law and not another.

By Leonard Deutchman

8 minute read

February 09, 2009 | The Legal Intelligencer

Recently, two clients for whom our company had collected and produced e-discovery brought to us e-discovery produced to them by their opponents. In both cases, the collections were messes.

By Leonard Deutchman

11 minute read

October 13, 2006 | Legaltech News

Among e-discovery amendments to the Federal Rules of Civil Procedure, Rule 37(f) helps define what a party must do to preserve electronically stored information. But its intentional vagueness -- owing to the fact that each case could require unique responses -- raises questions and requires special preparation.

By Leonard Deutchman

6 minute read

July 09, 2007 | The Legal Intelligencer

When can a court be wrong and right?

By Leonard Deutchman

9 minute read

April 13, 2010 | The Legal Intelligencer

In the marvelous Dashiell Hammett novel and John Huston film, The Maltese Falcon, private detective Sam Spade, bad guys Kaspar Gutman and Joel Cairo and various others spend money and the lives of others in pursuit of the "black bird," a statuette of a falcon which, according to Gutman, is encrusted from head to toe with jewels hidden from sight by a thin, black enamel coating. The bird had acquired the coating to mask its true value. As readers and moviegoers, we never learn whether the falcon actually existed, much less its true value.

By Leonard Deutchman

12 minute read

April 01, 2010 | Daily Business Review

There is sufficient case law under the Computer Fraud and Abuse Act to justify opposite conclusions of law, attorneys say. An advocate must often rely on factors or "equities" not germane to the matter to get the court to follow one strain of case law and not another.

By Leonard Deutchman

7 minute read

May 14, 2008 | Law.com

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. Judge John M. Facciola recently held, in United States v. O'Keefe, and Equity Analytics v. Lundin, that any challenges to or defenses of search methodology in producing e-discovery must be scrutinized under Rule 702, and so ordered hearings under Daubert v. Merrill Dow Pharmaceuticals.

By Leonard Deutchman

9 minute read

June 10, 2008 | Law.com

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

December 15, 2008 | The Legal Intelligencer

Last week, I began a discussion of Rhoads Industries v. Building Materials Corp., No. 07-4756 (E.D. Pa. Nov. 14, 2008), in which Judge Michael M. Baylson of the Eastern District of Pennsylvania issued the first opinion to apply newly-enacted Federa

By Leonard Deutchman

8 minute read