Scholarly Articles & Institutional Publications

The full text is available at http://law.duke.edu… The full text is also available at http://www.americanbar.org…

65 Ark. L. Rev. 7 (2012)   From the Article’s Introduction: “The overall thesis of this article is that we are not likely to see the creation of special rules for social-media discovery. Part II of this article discusses why special social-media discovery rules likely will not be needed. Part III discusses why the rulemakers […]

CRS Report for Congress R42649 The report describes the view of American jurisdictions on attorneys recording of conversations. In the majority of jurisdictions a “recording with the consent of one, but not all, of the parties to a conversation is not unethical per se unless it is illegal or contrary to some other ethical standard” […]

From the article: The objective of this white paper is to outline the best practices that are emerging in the application of predictive coding technology to the e-discovery arena The full text can be downloaded at http://www.equivio…

These Guidelines should guide the parties as they engage in electronic discovery. The purpose of  these Guidelines is to encourage reasonable electronic discovery with the goal of limiting the cost,  burden and time spent, while ensuring that information subject to discovery is preserved and  produced to allow for fair adjudication of the merits. At all […]

The full text can be downloaded at: https://thesedonaconference…

The Author’s Abstract: “Cloud Computing is poised to offer tremendous benefits to clients, including inexpensive access to seemingly limitless resources that are available instantly, anywhere. To prepare for the shift from computing environments dependent on dedicated hardware to Cloud Computing, the Federal Rules of Discovery should be amended to provide relevant guidelines and exceptions for […]

From the document: “Best Practices, Recommendations & Principles for Addressing the Preservation Discovery of Protected Data in U.S. Litigation… The purpose of International Principles is to provide guidance to public and private parties, counsel, data protection authorities, and the judiciary regarding the management of conflicts that may arise when there is an obligation in one […]

Appearing in the October 2011 issue of Law Technology News   Related Documents: Monique Da Silva Moore v. Publicis Groupe & Msl Group, 287 F.R.D. 182 (2012) Moore v. Publicis Groupe, 868 F. Supp. 2d 137, 2012 U.S. Dist. LEXIS 83659, 2012 WL 2218729 (S.D.N.Y. 2012)   The full text is available with subscription at […]

Report of the E-Discovery Committee of the Commercial and Federal Litigation Section of the New York State Bar Association (Approved by the NYSBA Executive Committee, September 27, 2011)   From the Introduction: “These Guidelines for Best Practices in E-Discovery in New York State and Federal Courts (the ‘Guidelines’) are intended to provide New York practitioners […]