Daily Business Review | Commentary
By Franklin Zemel and Ariel R. Deray | May 4, 2018
In its recent opinion in Forman v. Henkin, the highest court in New York concluded that information posted on a user's private Facebook profile is discoverable.
The Legal Intelligencer | Commentary
By Leonard Deutchman | May 3, 2018
The primer sets forth the rules well, but it does not, nor could it, explain how our judicial system will compel the litigants to follow them. Moreover, until e-discovery is understood as well by as many courts and litigators who understand other principles of that have been part of all phases of litigation, e.g., small cases as well as larger ones, for much longer, it is unlikely that the principles set forth in the primer will be widely followed.
New York Law Journal | Analysis
By John M. Hillebrecht and Jessica A. Masella | May 3, 2018
Recent events have focused attention again on the ability of the Department of Justice and other government agencies to obtain documents located abroad.
Daily Business Review | Commentary
By Robert R. Jimenez | May 3, 2018
The elephant in the room regarding electronic discovery is that the expense is high and difficult for the average litigant to afford. Moreover, there…
By Rhys Dipshan | May 3, 2018
Using technology-assisted review (TAR) technology in the U.S. v. Cohen privilege review could potentially expedite the process, while offering transparency around decision-making.
By Ben Hancock | May 2, 2018
Experts share their insights on how the massive EU privacy law not only changes the landscape for companies, but affects their approach to practicing law and e-discovery.
New York Law Journal | Analysis
By Thomas R. Newman and Steven J. Ahmuty Jr. | May 1, 2018
Appellate Practice columnists Thomas R. Newman and Steven J. Ahmuty Jr. discuss constitutional issues surrounding recovery of punitive damages.
By Seth Noble, Data Expedition, Inc. | May 1, 2018
Even when data is being handled by well-regarded service providers, poor planning or a lack of user awareness can lead to serious breaches from seemingly secure systems.
New York Law Journal | Analysis
By Mark A. Berman | April 30, 2018
In his State E-Discovery columns, Mark A. Berman discusses a case addressing voicemail evidence, two cases on spoliation, and a decision that highlights that careful reviews need to be made to determine whether particular ESI fails within the protections of the work product doctrine.
By Rhys Dipshan | April 30, 2018
Developing legal hold software to account for a variety of languages can seem like a simple process. But several challenges may arise along the way.
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