October 08, 2007 | The Legal Intelligencer
Looking for a Needle in a Haystack of NeedlesThere 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 TextingAttorney 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 UnknownIn 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 TestA 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 DriveIt 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 DecisionOne 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 CLEIn 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 PrivacyLast 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 ChangesTo 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 1Mention "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
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