Andrew J. Peck, United States Magistrate Judge “recognizes that computer-assisted review is an acceptable way to search for relevant ESI in appropriate cases”. While making the point that “the best approach to the use of computer-assisted coding is to follow the Sedona Cooperation Proclamation model. Advise opposing counsel that you plan to use computer-assisted coding […]
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 […]
REV 12/08/11 The full text is available at http://www.ded.uscourts.gov… Open pdf
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 […]
In this case employment discrimination case Defendant (Ferrellgas) filed a motion to compel Plaintiff (Held) to produce data from Plaintiff’s Facebook account. Plaintiff objected, stating that the information is “irrelevant, confidential and private”. The court granted Defendant’s motion to compel discovery as it appears that Defendant is attempting to mitigate Plaintiff’s privacy concerns by allowing […]
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 […]
From the Article: “One thing seems certain about the Ethics Committee of the North Carolina State Bar—it is trying hard to get its opinion right on the ethics of cloud computing. Here again, a lawyer would be remiss not to pin down at least the country in which the data will be hosted. The physical location of […]
As in the majority of the jurisdictions, negligent spoliation of evidence is not a cause of action in South Carolina. The South Carolina Supreme Court reversed the court of appeals’ decision because it found that negligent spoliation is not a cause of action in South Carolina. Nor should the law be changed to recognize […]
Questions to Ask Your Client & Your Adversary to Prepare for Preservation, Rule 26 Obligations, Court Conferences & Requests for Production From the Introduction: “This outline sets forth, by way of example only, a series of topics and questions to ask your client and your adversary as you prepare for meeting obligations related to […]