eDiscovery

eDiscovery Articles

• Anonymous Bloggers and the First Amendment

  There is guidance from the courts that may help your company increase its chances of identifying anonymous bloggers who may be liable for claims such as copyright infringement, trademark infringement, or defamation.

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• Discovery of Facebook and Other Social Media Postings

  Have you ever received a call or letter from opposing counsel, "kindly" advising you that they discovered an incriminating photo on your personal injury client's Facebook page that shows your client performing ski jumps at a time when they were allegedly injured and unable to work?

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• eDiscovery Across Borders I: Practical and Legal Aspects of Multi-Jurisdictional Discovery and Data Collection

  In today's business, all information is electronic. Paper may have been heavy, hard to store, and time-consuming to review-but it was a tangible thing, easy to inventory, and it tended to be limited in volume, even in the largest cases. Electronic communication has led to exponential increases in the amount of data that companies store, and the locations where the information is stored.  

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• eDiscovery Rules: Interpreting ESI from Federal to State Courts

  Determining what constitutes ESI has direct implications for the overall costs of accessing, collecting, reviewing and producing ESI.

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• Ethical Obligations for Lawyers in the Modern Era

  Lawyers know that technology has encroached on the legal realm and impacts the ways they communicate and do business. But many lawyers may not think about how constantly evolving technology has created new ethical issues in their litigation practice.

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• Examining the eDiscovery Landscape After the 2006 FRCP Changes

  Failure to comply with electronic production obligations can lead to serious sanctions, sometimes to the tune of millions of dollars. Let's examine important issues that have arisen and how courts have ruled in the aftermath of the FRCP amendments that became effective on December 1, 2006.

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• Hunting for Data: Uncovering the Hidden Gems of Structured Data in eDiscovery

  Structured data is often part of the information that is relevant to a matter, and it cannot be ignored during discovery. More than that, though, this type of data may contain a treasure trove of information that can be very valuable to a litigator.

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• Predictive Coding Primer

  Predictive coding (also known as technology assisted review) heavily leverages statistics to reduce the time needed to examine large document sets that in the past may have taken a group of attorney reviewers weeks or months to review at great cost. What are the benefits and risks involved with this tool?
  

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• Self-Collection: The Good, the Bad and the Ugly

  You need to collect data in response to a discovery request. Do you hire a forensic consultant? Or can you rely on your own IT staff or counsel to handle it? Find out more about when self-collection is, and is not, appropriate.  

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• The Dangers of Using Evidentiary Recordings Without Transcripts

  Written transcripts of audio evidence are an extremely helpful tool in defending litigation. Frequently, in both civil and criminal trials, recordings to be placed into evidence by the prosecution are submitted to the defense without the accompaniment of a transcript. This article will explain some of the dangers associated with using audio evidence without a transcript.

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