What Technology-Assisted Electronic Discovery Teaches Us About The Role Of Humans In Technology
As originally published in Forbes on January 9, 2012. Co-authored by Amanda Jones & Ben Kerschberg If 2011 was the year of technology-assisted document review, 2012 will be the year of re-humanizing technology-assisted review at its most strategic points. Going forward, the focus will be not only on the foundational role humans play in guiding document.. read more →
Should Freedom of Information Requests Extend to Technology and Software Systems?
As originally published in Forbes on December 8, 2011. The New York Supreme Court recently considered whether the principles that underlie freedom of information requests apply to obtaining software systems that contain records that otherwise would have to be produced by the government. Applying a two-part litmus test, the court answered that question in the affirmative. This.. read more →
Managing Information Risk and Archiving Social Media
As originally published in Forbes on September 28, 2011. Imagine a simple scenario. Jane Doe, a disgruntled employee at a multi-billion dollar mineral spring water company (A), sends out the following tweet from her work station and the marketing department’s Twitter account, which she is authorized to use. Senior Management here at (A) is telling industry analysts.. read more →
Eight Great Law & Technology Resources
As originally published in Forbes on September 14, 20011. I always look for new resources to research Law & Technology, and I thought I’d share eight of my favorites. In no specific order: SCOTUSblog. For my money, SCOTUSblog is the finest legal blog, period. Since 2003, the husband and wife team of Tom Goldstein and.. read more →
The Demise of Electronic Discovery’s Per-Gigabyte Price Model
I’ve written on several occasions that one of the best ways to learn about timely topics, especially in an industry changing so rapidly, is via webinars and podcasts. I had the opportunity to listen to E-Discovery—Without The High Price Tag on Digital Detectives, a great series held regularly by Sharon Nelson and John Simek, President.. read more →
Data Security And The Imperative of Private Clouds
As originally published in Forbes (Sept. 9, 2011). In the past several months, I have written three articles about cloud computing, including one that outlines the manner in which electronic discovery continues to migrate to the cloud. My enthusiasm for the cloud has not diminished, as I feel that the cloud is a business imperative,.. read more →
E-Discovery Moves to the Cloud
As originally published in Forbes (Aug. 26, 2011). Electronic discovery is moving to the cloud. This is hardly surprising when one considers the client-focused benefits of cloud computing and the extraordinary market opportunities for vendors. Let’s look at the numbers. The market for electronic discovery continues to grow with some estimates indicating aggregate software and.. read more →
Privilege Waived? Federal Court Says Don’t Blame Your Electronic Discovery Vendor
As originally published in Forbes (Aug. 19, 2011). The buck stops here. In Thorncreek Apartments III, LLC v. Village of Park Forest (N.D. Ill. Aug. 9, 2011), the Northern District of Illinois held that a litigant that was negligent throughout the discovery process and failed “to check the production database created by the [third-party e-discovery.. read more →
Automated Management of Legal Holds
As originally published in Forbes (July 6, 2011). Recent federal court cases have reinforced that legal holds are an indispensable element of electronic discovery. A legal hold is a corporation’s legal duty to preserve electronically stored information (“ESI”). A hold issued internally within a corporation places potentially key custodians on notice to retain materials that.. read more →
Court Orders Production of Non-Privileged Emails in Chain of Otherwise Privileged Emails
As originally published in Forbes (June 7, 2011). In an important Order, Magistrate Judge Kathleen Tomlinson of the Eastern District of New York held that a non-privileged intermediary email in a chain of otherwise privileged emails cannot be withheld from discovery requests. In Benefitvision, Inc. v. Gentiva Health Services, Inc. (E.D.N.Y. May 23, 2011), the.. read more →