The Legal Intelligencer | Commentary
By Kyle Campbell | February 1, 2019
In 2006, Wired magazine published an article about the advent of the e-discovery industry. In it, the author notes that many e-discovery vendors at the time provided very similar services—harvesting electronically-stored information (ESI), electronically de-duplicating the data, then posting it for attorney review in, what was then, a select number of web-accessible document review platforms
The Legal Intelligencer | Commentary
By David R. Cohen | February 1, 2019
Litigation document review can be one of the most time-intensive parts of litigation, and comprises a large part of the work performed by many thousands of attorneys, across the U.S. and beyond.
By Jason Lichter and Matt Hamilton | February 1, 2019
This article highlights the key provisions of the guidelines set forth by the Sedona Conference Commentary on Legal Holds, emphasizing how parties can put each to practical use to create an effective and defensible preservation program.
The Legal Intelligencer | Commentary
By Tess Blair, Tara Lawler and Josh Rosenzweig | February 1, 2019
The EDRM is a useful visualization that walks through each step of the discovery process, and it is also a useful tool for analyzing discovery-related processes to identify needed enhancements and potential problems.
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 Victoria Hudgins | February 1, 2019
For years, document review was a slog, so much so that it helped run Obama out of practice. E-discovery has changed that, but it can be a mixed blessing.
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.
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.
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