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 the webpage: “The Guidelines, Checklist and Model Stipulated Order on this page are court-approved and counsel should consult them at the beginning of a case.” Documents: Guidelines for the Discovery of Electronically Stored Information (.pdf) ESI checklist for use during the Rule 26(f) meet and confer process (.pdf) Model Stipulated Order Re: the Discovery […]
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 […]
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 […]
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
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 […]
Indiana Federal Court’s Order Approves Defendant’s Use of Predictive Coding After Keyword Searching Judge Robert Miller Jr., of the United States District Court for the Northern District of Indiana, issued an order on April 18, 2013 authorizing predictive coding by the defendant despite the fact that the defendant proceeded with e-discovery before the cases were […]
19 Rich. J.L. & Tech 10 (2013), available at http://jolt.richmond.edu/v19i3/article10.pdf From the Article: “This Article provides an overview of the clash of cultures extant in the practice of e-discovery related law today along with an entertaining comparative perspective from the viewpoint of a similar clash that occurred in the physical sciences. The author hopes that […]
19 Rich. J.L. & Tech 9 (2013), available at http://jolt.richmond.edu/v19i3/article9.pdf From the Article: “Legal professionals regularly advise clients to ensure that the storage, retention, and accessibility of their Electronically-Stored Information (‘ESI’) is in full compliance with all legal and regulatory requirements in the event this information becomes relevant in civil, criminal, or regulatory disputes. However, what […]