Blogs

A defense attorney is asking a Laurens County judge to issue an order to silence people connected to a murder case from public talking or posting about it. The victim’s mother has been posting to social media to remember her daughter. She dedicated a Facebook page to her and she is involved in rallies against […]

Originally published as Ethics Watch: Technology and Ethics (“Technethics”): 2013 in Review, South Carolina Lawyer 14 (March 2014) In past years I have written a year-in-review Ethics Watch column, covering significant South Carolina ethics decisions and opinions, along with ABA Formal Opinions issued during the year. Because technology is playing an increasingly important role in the […]

Lawyers are familiar with the “litigation hold” – once litigation is reasonably anticipated, potentially relevant documents, including electronic documents, must be retained and not destroyed.  Ordinarily the scope of that data extends to the specific parties and the locations their relevant data may be found (laptops, cell phones, etc.).  But when the litigation involves the […]

Lawyers are familiar with the “litigation hold” – once litigation is reasonably anticipated, potentially relevant documents, including electronic documents, must be retained and not destroyed.  Ordinarily the scope of that data extends to the specific parties and the locations their relevant data may be found (laptops, cell phones, etc.).  But when the litigation involves the […]

In Sekisui American Corp. v. Hart, 2013 WL 4116322 (Aug. 15, 2013), Judge Scheindlin has added another important opinion to the law of electronic discovery.  In 2003-2005 Judge Shira Scheindlin of the Southern District of New York issued five rulings in the Zubulake case that have become the basis of much of the law with regard to the […]

The full text is available at: http://fkks.com/news…

From the article: “It is easy to become overwhelmed with information or want to use the newest, best, and greatest technology in the market. However, you must consider that the use of higher-end technologies come at a much higher cost. Consider the following while making your choice: (1) remember that sometimes the most cost-effective and […]

From the article: “References to the ‘Sedona Bubble’ are overheard more and more commonly at conferences dealing with cutting edge topics like the use of predictive coding technology in eDiscovery. The ‘Sedona Bubble’ refers to a small number of lawyers and judges (most of whom are members of The Sedona Conference) that are fully engaged […]

Jan Wall St. J. L. Blog (2013)   The full text is available at: http://blogs.wsj…

While commenting on Judge Laster’s sua sponte order of predictive coding in EORHB v. HOA Holdings, the author reminds that the predictive coding technology is far from settled and that its pitfalls are difficult to discover, let it alone to solve. “Although many proponents of predictive coding technology will see Judge Laster’s approach as an […]