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 →
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 →
E-Discovery, Special Masters, and Soaring Costs
As originally published in Forbes (May 23, 2011). Expensive third-party vendor e-Discovery costs cannot necessarily be recovered by the prevailing party. And assessing complex e-Discovery won’t necessarily justify a Special Master to review it. In Race Tires America, Inc. v. Hoosier Racing Tire Corp. (W.D. Pa. 2011), the plaintiff, a division of Specialty Tires of.. read more →
Judicial Guidance on Authenticating Electronically Stored Information (ESI) from Social Networks
As originally published in Forbes (May 14, 2011). Electronically stored information (“ESI”) from social networking sites is increasingly finding its way as evidence into courts. Attempts to admit such evidence raise a number of questions, including how to authenticate ESI as admissible. In Griffin v. Maryland, the Maryland Court of Appeals considered this issue as.. read more →
Facebook Must Produce — Not Merely “Provide Access” — to Electronically Stored Information (ESI) in Native Formats
As originally published in Forbes (May 2, 2011). United States Magistrate Judge Howard Lloyd of the Northern District of California compelled Facebook to produce electronically storedinformation (“ESI”), not merely “provide access” thereto on a commercial website that allowed it to restrict class action plaintiffs from reviewing those materials properly. The court’s order granting the plaintiff’s.. read more →
The Five Hottest Topics in E-Discovery Today
As originally published in Forbes (May 2, 2011). Last week I listened to an episode of Digital Detectives, a great series of podcasts co-hosted by SharonNelson and JohnSimek of Sensei Enterprises, Inc., who spoke at length with attorney and e-Discovery expert JoshGilliland, author of the noted Bow Tie Law blog. The topic was straightforward: What.. read more →