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 →
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 →
Federal Court Scolds D.C. for “Rolling” Document Production After Start of Trial
Imagine a standup comic who delivers the punch-lines of his jokes first, a plane with landing gear that deploys just after touchdown, or a stick of dynamite with a unique fuse that ignites only after it explodes. That’s what document production after trial is like–it defeats the purpose. And with that soliloquy, U.S. District Court.. read more →
Towering E-Discovery Sanctions Should Be Applauded
As originally published in Forbes (May 6, 2011). There are sanctions, and then there are sanctions. In Green v. Blitz U.S.A, Inc. (E.D. Tex. Mar. 1, 2011), the U.S. District Court for the Eastern District of Texas found the defendant’s abuse of the discovery process to be so egregious that it ordered the offending party.. 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 →