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Leonard Deutchman

Leonard Deutchman

October 08, 2007 | The Legal Intelligencer

Looking for a Needle in a Haystack of Needles

There are many variations of the farmer's maxim that a drought will hurt but a flood will kill you. In e-discovery terms, the "drought" is the under-collection of electronically stored information or the under-production from collected materials.

By Leonard Deutchman

8 minute read

July 22, 2010 | Legaltech News

Commentary: 'Quon' Has No Message for Texting

Attorney Leonard Deutchman found the Supreme Court's admonishment in Quon that the "judiciary risks error by elaborating too fully on the Fourth Amendment implications of emerging technology before its role in society has become clear" lacked much-needed guidance for lower courts.

By Leonard Deutchman

12 minute read

April 14, 2010 | Legaltech News

Assigning Value to E-Discovery's Unknown

In two recent decisions, says attorney Leonard Deutchman, the question was how to value information that may never have existed -- data that should have been preserved to determine if it needed to be produced as e-discovery but, due to the actions of the producing parties, was destroyed.

By Leonard Deutchman

11 minute read

May 14, 2008 | Legaltech News

When E-Discovery Is Put to the Test

A federal district judge may send electronic discovery toward its most searching scrutiny yet. In a recent decision, Judge John M. Facciola recommended "concept searching," the use of complex search engines to locate electronic data, for a tardy producer to pick up the pace.

By Leonard Deutchman

9 minute read

November 12, 2007 | The Legal Intelligencer

From the Depths of the Hard Drive

It is a fact of discovery practice in the computer age that there are going to be times when a litigant is ordered to produce deleted and hidden data.

By Leonard Deutchman

8 minute read

October 20, 2008 | The Legal Intelligencer

An Astounding Decision

One week ago in this column, I examined de-duplication practices in preparing responses to discovery requests involving electronically-stored information.

By Leonard Deutchman

7 minute read

September 10, 2007 | The Legal Intelligencer

What You Won't Learn at the Next CLE

In my last several columns, I have focused on the impact of recent cases or the e-discovery changes to the Federal Rules of Civil Procedure. In this column, I am going to give you practical tips when dealing with EDD and computer search issues, distilled

By Leonard Deutchman

8 minute read

December 21, 2010 | The Legal Intelligencer

An Error in Protecting Privacy

Last week's article, "Cell Phone Tracking: Privacy or Anonymity?," discussed a federal court judge's decision to deny an application made by the prosecutors under the Stored Communications Act, or the SCA, for an order directing a cell phone service provider to provide information kept by the provider as to which cell towers a cell phone in question was closest to over a period of sixty days.

By Leonard Deutchman

11 minute read

May 11, 2011 | Legaltech News

Pros and Cons of Pennsylvania's Proposed E-Discovery Rules Changes

To address the proliferation of e-discovery litigation, the Civil Procedure Rules Committee of the Supreme Court of Pennsylvania has announced a series of proposed changes. Though modest in scope, the changes are as significant for what they?re careful to state that they don't include as for what they do include.

By Leonard Deutchman

10 minute read

July 12, 2011 | The Legal Intelligencer

E-Discovery Cooperation -- Catching More Flies With Honey, Part 1

Mention "cooperation between parties" to a group of litigators and you usually get facetious exhortations to hold hands and sing "Kumbaya" or "We Are the World."

By Leonard Deutchman

10 minute read