By Denise E. Backhouse and Philip M. Berkowitz | February 1, 2019
The 'Salt River' case illustrates that with timely, effective advocacy, cross-border discovery under the Hague Evidence Convention may be accommodated within an expedited discovery schedule, a major obstacle cited by courts in the past.
By Lauren E. Aguiar, Giyoung Song and Eve-Christie Vermynck | February 1, 2019
The increased focus on protecting personal privacy may pose a new challenge to the bounds of e-discovery in U.S. litigation as courts reconcile whether and how new data protection laws apply to a litigant's obligation to produce relevant information.
By Paul Bond, Mark S. Melodia, and Mark Francis | February 1, 2019
The California Consumer Privacy Act of 2018, which comes into force on Jan. 1, 2020, enshrines the “right of Californians to know what personal information is being collected about them,” and “to access their personal information” after it is collected. The plaintiffs' bar may attempt to use the access provisions of CCPA as a tool in their discovery arsenal. Litigators and compliance attorneys must work together against the rush to exploit the CCPA for liability purposes.
By Julia Brickell | February 1, 2019
It is well past time for lawyers to put aside the notion that legal prowess is sufficient. Forward-thinking counsel must constantly inquire about the impact and efficacy of increasingly powerful technologies and align with those who have requisite expertise—be it in security or statistics or computer science or data science or some other aspect.
By ALM Staff | February 1, 2019
Here's what caught our attention, including a recommendation to start learning IT skills in law school.
By Jenna Greene | February 1, 2019
Express Scripts faced a $120 million breach of contract claim by compounding pharmacy HM. Lyle and co-counsel from Husch Blackwell not only defeated the suit, they won a $20 million counter-claim.
The Legal Intelligencer | Commentary
By Thomas Gricks | February 1, 2019
The weak link preventing technology-assisted review (TAR) from achieving its true potential is a lack of clarity surrounding the technology—the components, the development and the distinctions.
The Legal Intelligencer | Commentary
By Leonard Deutchman | January 31, 2019
Document review is, of course, a crucial phase in the production of discovery. Prior to the ascendance of computers, the documents involved would, typically, be contracts, letters, reports and other such documents, typed or handwritten and kept by the client in a file regarding the matter.
By Michael German | January 31, 2019
The judiciary should adopt rules that require funded parties to disclose the fact they are being funded and the identity of the litigation funder funding the dispute. The rule adopted should expressly limit further discovery beyond those points except in the extreme circumstances described.
New York Law Journal | Analysis
By Michael German | January 31, 2019
The judiciary should adopt rules that require funded parties to disclose the fact they are being funded and the identity of the litigation funder funding the dispute. The rule adopted should expressly limit further discovery beyond those points except in the extreme circumstances described.
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