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New York Law Journal

The N.Y. Times Co. v. U.S. Dept. of Justice

By | October 09, 2015
FD-302 Reports Exempt From FOIA Disclosure; Exemption 5 Inapplicable to AG's Memoranda
1 minute read

New Jersey Law Journal

Why You Need to Institute Your Own Kaizen Info Gov Program

How do notions of continuous improvement amidst constant change play out when it comes to information governance?
4 minute read

New York Law Journal

E-Discovery Competence of Counsel Criticized in Sanctions Decision

In their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal of Paul, Weiss, Rifkind, Wharton & Garrison discuss an Ethics Opinion of the Standing Committee on Professional Responsibility and Conduct of the State Bar of California, and how it was cited in a recent federal decision from California that severely criticized and imposed sanctions against counsel and client for discovery misconduct.
11 minute read

New Jersey Law Journal

E-Discovery Begins Long Before You Think It Does

E-discovery starts with proper policies and procedures around data retention, long before a suit is filed or a litigation hold is received.
6 minute read

New York Law Journal

Hume v. Farr's Coach Lines, Ltd.

By | October 06, 2015
Jurisdictional Discovery Granted in Suit Arising From Tractor-Trailer's Collision With Tour Bus
2 minute read

New York Law Journal

Proportionality: The (Not So) New Kid on the Block

Samantha V. Ettari of Kramer Levin Naftalis & Frankel writes: Proportionality—described only two years ago by one federal judge as "an all-too-often ignored discovery principle"—will soon be one of the primary considerations in defining the scope of discovery.
13 minute read

New York Law Journal

New Strategies to Protect Privileged Documents From Inadvertent Disclosure

Margaret A. Dale and Joshua M. Kay of Proskauer Rose write: Understanding the protections available under Fed. R. Evid. 502 and implementing practical safeguards during the e-discovery process puts litigators in the best possible position to avoid the production of privileged documents.
13 minute read

New York Law Journal

Practical Considerations in Using Predictive Coding

Gareth Evans and Jennifer Rearden of Gibson, Dunn & Crutcher write: Many have been deterred from using predictive coding because various hurdles can arise. Nevertheless, with some forethought and preparation, and by involving those with the right expertise, many of the hurdles can be overcome, or at least minimized, and parties may more often realize the potential benefits of predictive coding.
13 minute read

New York Law Journal

Evidence Preservation Failures of Nonparties: Is There Any Recourse?

Dana Post and Samuel Rubin of Freshfields Bruckhaus Deringer US write: While the case law governing nonparty preservation is still evolving and varies widely across states and circuits, nonparties may expose themselves to liability for failure to preserve evidence that is relevant to a litigation.
11 minute read

Legaltech News

Secondary Materials Make a Greater Impact than Most May Expect

With secondary sources in litigation, the ignorant may be the biggest losers.
6 minute read

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