Scholarly Articles & Institutional Publications

From the Article: “E-discovery practice continues to evolve, resulting in increasing complexity and, with it, greater risks. Recent cases and developments offer new insights and interpretations of existing issues, while new practices and technology, such as cloud computing, intelligent review technology, mobile devices/BYOD, and overpreservation add new challenges”. The full text can be downloaded at http://www.huroncon….

55-OCT Orange County Law. 20 The full text is available at: http://www.fulpat…

Abstract: “The ban on solicitation by attorneys in ABA Model Rule of Professional Conduct 7.3, and its state counterparts, has generally been used to prevent ambulance chasing by plaintiffs’ attorneys. However, a recent New York decision has raised the possibility that a defense lawyer could be disciplined for solicitation when offering his services to a […]

The author discusses how sanctions motions based on unsupported claims of spoliation create expensive sideshows that distract from the merits. And sometimes – although perhaps not frequently enough according to author – baseless and abusive motions are punished. Mentioned case law Smith v. Westchester County Dept. of Corrections, No. 07-CIV-1803 (SDNY) Residential Funding Corp. v. […]

New York Law Journal, Vol 250, No. 65 (October 1, 2013) Authors discuss a trend of courts determining the propriety of sanctions for spoliation of electronically stored evidence with reference to the proposed amendment to Federal Rule of Civil Procedure 37(e) and the implications of the proposed changes. The full text can be downloaded at […]

“[I]t is important to understand what TAR is. Technology Assisted Review (TAR) is an umbrella category that covers many advanced technologies and the generic nature of the term has proven to be somewhat confusing throughout our industry. There are many different TAR approaches but they all share the same goal: to help legal teams separate […]

Law Journal Newsletter, The Corporate Counselor, Volume 28, Number 4 (August 2013)   The purpose of this article is to examine the role of artificial intelligence in TAR. (…) New concerns and evolving market demands are forcing organizations to re-think its usage in this capacity. The full text is available with subscription at http://www.lawjournalnewsletters….  

From Abstract of the Article: This article looks at the case law governing discovery of social media, and finds several problems. First, many courts are improperly requiring a threshold showing that relevant information exists in public portions of the user’s social media account before allowing such discovery. Second, they allow overbroad discovery…The article argues that, […]

From the article: Prevailing parties often try to recoup their e-discovery expenses by asking courts to tax them as recoverable costs under the federal taxation-of-costs statute.  [However,] Country Vintner of North Carolina, LLC v. E. & J. Gallo Winery, Inc., reaffirms that the parties should not expect to taste a big award of e-discovery expenses regardless […]

Inadvertent Production of Privileged Information in Discovery in Federal Court: The Need for Well-Drafted Clawback Agreements, 64 S.C. L. REV. 581 (2013), http://www.nathancrystal.com/pdf/ClawbackAgreements.pdf