“Self-collection” refers to the situation in which the custodians of information potentially relevant to a legal proceeding undertake to identify and collect that information on their own and provide the collected content to counsel.
The typical self-collection situation involves some limited instruction or oversight from counsel (in-house or outside). For example, outside counsel issues a litigation hold notice identifying various
Continue Reading The Perils of Self-Collection
On October 1, 2018, a new Rule (specifically, a new subdivision to existing Rule 11-e) of the Commercial Division Rules, will go into effect.
Rule 11-e governs Responses and Objections to Document Requests. The new subdivision, promulgated by administrative Order of Chief Administrative Judge Lawrence K. Marks, governs the use of technology-assisted review (“TAR”) in the discovery process.
In a recent decision out of Oklahoma (Curtis v. Progressive N. Ins. Co., No. CIV-17-1076-C [W.D. Okla. June 13, 2018]), District Judge Robin J. Cauthron ruled that non-party ESI subpoenaed pursuant to Rule 45 was not subject to the 100 mile-limitation found in the Rule. Specifically, the Court held there is “no violation of the 100-mile limitation,” as
Continue Reading Rule 45’s Geographic Restrictions Do Not Apply to the Production of Electronically Stored Information
The American Bar Association Ethics 20/20 Commission and Rule 1.1 provide that a lawyer’s duty of competence “[t]o maintain the requisite knowledge and skill, [requires] a lawyer [to] keep abreast of changes in law and its practice, including the benefits and risks associated with relevant technology.” The New York County Lawyers’ Association Professional Ethics Committee Formal Opinion 749 (Feb. 21,
Continue Reading Ethical Information Gathering When Using Social Media
In my December 2016 blog post, I wrote about how developing effective key words is very much an iterative and thought intensive process. This message was recently reaffirmed by a decision out of the Southern District of Ohio, wherein the Judge reminded us that the process of identifying search terms it not merely one of guesswork. Rather, it requires
Continue Reading Developing Effective Key Words is an Iterative and Thought Intensive Process
In 2016, Florida became the first state to mandate technology training for lawyers, when it adopted a rule requiring lawyers to complete three hours of CLE every three years “in approved technology programs.” The requirement went into effect on January 1, 2017. On April 20, 2018, the North Carolina State Bar Council approved a proposed amendment to the lawyer’s annual
Continue Reading Is Mandatory Technology Training For Lawyers Headed to New York?
When tasked with a document review project, there are various analytic tools available to streamline the process in order to improve efficiency and accuracy. We’ve already discussed certain of these tools (see April 26 post discussing predictive coding and May 16 post discussing email threading). Today’s post focuses on another, interrelated tool: document clustering.
What is Document Clustering?
As you
Continue Reading Consider Document Clustering to Increase Efficiency and Accuracy in Review Projects
The April 26 blog post discussed predictive coding as one of many analytical tools available to empower attorneys to work smarter, thereby reducing discovery costs and allowing attorneys to focus sooner on the data most relevant to the litigation. Another tool in the litigator’s arsenal that can promote efficiency during document review is email threading.
According to The Radicati Group
Continue Reading Email Threading: Another Analytic Tool Available to Promote Efficiency In a Document Review Project
Traditional document review can be one of the most variable and expensive aspects of the discovery process. The good news is that there are innumerable analytic tools available to empower attorneys to work smarter, whereby reducing discovery costs and allowing attorneys to focus sooner on the data most relevant to the litigation. And, while various vendors have “proprietary” tools with
Continue Reading What Can A Litigator Do When There are Hundreds of Thousands of Documents to Review in a Short Period of Time, and a Strict Litigation Budget is in Place?
When faced with the task of collecting, processing, reviewing and producing digital data, law firms (and clients) often retain outside vendors to assist. Depending on the vendor, and the circumstances of the retention, there may be a single vendor retained to handle the entire spectrum of client needs (i.e., from collection to production). Or, there may be a series of
Continue Reading Due Diligence When Selecting a Vendor