Whether we like it or not, a reality of today’s world is that often important business is conducted by text messages. And so, when it is time to issue a litigation hold notice, you must include an instruction to preserve text messages as well as the devices from which they are sent/received (i.e., smartphones). Your failure to do so can
Continue Reading Text Messages Must be Preserved
Technology Assisted Review At a Glance
Rule 1 of the Federal Rules of Civil Procedure calls upon courts and litigants to “secure the just, speedy, and inexpensive determination of every action and proceeding.” And so, it comes as no surprise that technology assisted review (“TAR”) is being widely embraced by the legal profession.
What is TAR?
TAR (also called predictive coding, computer assisted review, or supervised
Continue Reading Technology Assisted Review At a Glance
De-duplication: What is it and Why Should I Use it?
De-duplication (“de-duping”) is the process of comparing electronic records based on their content and characteristics and removing duplicate records from the data set so that only one instance of an electronic record is produced when there two or more identical copies. De-duplicating a data set is a smart way to reduce volume and increase efficiencies of review. There are three
Continue Reading De-duplication: What is it and Why Should I Use it?
What is EDRM?
The Electronic Discovery Reference Model (EDRM) is a framework that outlines standards for the recovery and discovery of digital data. An EDRM diagram created by Duke Law (https://www.edrm.net/frameworks-and-standards/edrm-model/) represents a conceptual view of the e-discovery process, which is not a linear process, necessarily. In fact, you may engage in some, but not all of the steps identified in
Continue Reading What is EDRM?
Cases Involving Emoticons As Evidence Are On the Rise
Approximately, one year ago, I authored a blog about emoticons finding their way into the courtroom as purported evidence of a crime or tort (Texter Beware: Emojis as Evidence). Although emoticons began appearing in court in 2004, their presence has risen exponentially. In fact, just last month, Eric Goldman of the Santa Clara Law School reported in the
Continue Reading Cases Involving Emoticons As Evidence Are On the Rise
A Lawyer’s Obligation to be Technologically Competent – Part 4
This is the 4th and final blog in a multi-part blog discussing various critical requirements that can serve as the road map to allow a lawyer to fulfill his/her duty of technological competence. [Click here to read Part 1, here to read Part 2, and here to read Part 3].
You have assessed the discovery needs of your matter, implemented
Continue Reading A Lawyer’s Obligation to be Technologically Competent – Part 4
A Lawyer’s Obligation to be Technologically Competent – Part 3
This is Part 3 in a multi-part blog discussing various critical requirements that can serve as the road map to allow a lawyer to fulfill his/her duty of technological competence. [Click here to read Part 1 and here to read Part 2]..
After you have assessed the discovery needs and issues in a given matter, and you have implemented appropriate
Continue Reading A Lawyer’s Obligation to be Technologically Competent – Part 3
A Lawyer’s Obligation to be Technologically Competent – Part 2
This is Part 2 in a multi-part blog discussing various core requirements that can serve as the road map to allow a lawyer to fulfill his/her duty of technological competence. [Click here to read Part 1]
2. Implement Appropriate Preservation Procedures
ESI spoliation remains a real issue that lawyers must confront. The best way to prevent spoliation is to take
Continue Reading A Lawyer’s Obligation to be Technologically Competent – Part 2
A Lawyer’s Obligation to be Technologically Competent – Part I
The role of electronically stored information (“ESI”) and new technologies has grown tremendously in recent years. This growth has a direct impact on discovery specifically, and the practice of law, generally. And so, the new practical reality is that attorneys need to be technologically literate and competent. This should come as no surprise to those who read my blog. Earlier
Continue Reading A Lawyer’s Obligation to be Technologically Competent – Part I
The Rule 26 Conference: Necessary Evil or Critical for Streamlined and Efficient Discovery?
Often viewed as a necessary evil, the Rule 26(f) conference can serve as an invaluable opportunity to meaningfully discuss discovery such that the process is streamlined and seeks to avoid unnecessary (and often costly) disputes. Generally speaking, Rule 26(f), among other things, sets the deadline for the conference as soon as practicable and at least 21 days before the scheduling
Continue Reading The Rule 26 Conference: Necessary Evil or Critical for Streamlined and Efficient Discovery?