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 with practical, concise advice in managing electronic discovery (“e-discovery”) issues in both state and federal courts in New York, and to be a reference for best practices in e-discovery […]
The Conclusion of the Article: “If the Ninth Circuit agrees with the Third Circuit’s view of Section 1920(4), as seems likely after the Supreme Court’s decision in Taniguchi addressing Section 1920(6) specifically and the dicta in Taniguchi addressing Section 1920 generally, the district courts and other circuits will almost certainly follow suit. If that prediction […]
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 […]
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 […]
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 […]
Vice Chancellor J. Travis Laster, a Delaware state court judge, ordered sua sponte the parties to use predictive coding and to hire the same e-discovery vendor. In particular, while deciding a motion for summary judgment for the defendants and denying plaintiff’s motion to strike counterclaims, the judge ordered the parties to use predictive coding: “This seems […]
United State Magistrate Judge Nan R. Nolan ruled on various discovery disputes and wrote in her conclusion: “Since its publication in 2009, more than 100 federal judges have endorsed the Cooperation Proclamation. In an effort to aid courts and counsel, The Sedona Conference has published guides and toolkits to facilitate proportionality and cooperation in discovery. Moreover, […]
The full text is available at http://www.forbes.com…