My February 17th blog, “Judges Make the Case for TAR” discussed the widespread acceptance by federal courts of technology assisted review (“TAR”), which is acknowledged as cost effective, efficient, and likely superior to the tried and true keyword searching methodology. Continuing with the theme of TAR, the District Court of New Jersey recently addressed the critical importance of
Continue Reading Cooperation and Collaboration in E-Discovery is Still the TARget
Blink, And I’m Gone: E-Discovery Challenges and Considerations With Ephemeral Messaging
There is an ever-increasing volume of data generated by businesses. In an effort to reduce storage costs and ameliorate privacy concerns, companies have embraced ephemeral, or self-destructing messaging. And, while ephemeral messaging may solve one set of problems, it has the potential to create preservation issues when legal matters arise.
Recently, the Sedona Conference released the “Commentary on Ephemeral
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The Foreign Language of E-Discovery
Have you ever been involved in a meet and confer regarding electronically stored information and felt your adversary was speaking a foreign language? Is active machine learning an unfamiliar concept to you? Is BYOD an acronym for who-knows-what?
If you answered yes to any of the above, or if you lack fluency in the language of e-discovery and digital information
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Much Ado About Metadata?
Anyone reading this blog has likely heard about metadata and its potential role in a litigation (See, “Never Agree to Do Something Your Client Cannot Do;” “The Perils of Self-Collection;” and “A Lawyer’s Obligation to be Technologically Competent – Part 4”). But we must remember that if metadata is an integral part
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The New Rules of Federal Evidence Have Arrived
Earlier this year, I wrote about the then-proposed changes to the Federal Rules, and how those changes (if implemented), could impact electronic discovery. (February 15, 2017 blog) Well, the time has come — effective December 1, 2017, the amendments to Federal Rule of Evidence 902 “Evidence That is Self Authenticating” went live.
As the title suggests, Federal Rule
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Client’s Bad Behavior Imputed to Counsel – Both Get Sanctioned
In Arrowhead Capital Fin. Ltd. v. Seven Arts Entertainment, Inc. 2016 U.S. Dist. LEXIS 126545 (S.D.N.Y. Sept. 16, 2016), District Judge Katherine Polk Failla imposed significant sanctions upon both the Chief Executive Officer (“CEO”) and the lawyer for defendant Seven Arts Entertainment Inc. (“SAE”).
Background
Arrowhead Capital Finance, Ltd. (“Arrowhead”) sued SAE in 2014 seeking to enforce a judgment
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You Really Should Check With Your Client Before Objecting to Discovery Requests
A recent decision from the United States District Court of the District of Connecticut demonstrates the need for proper custodian interview before responding to discovery requests. Electrified Discounters, Inc. v MI Technologies, Inc. (2015 U.S. Dist. LEXIS 64950) involved a dispute over sales of replacement lamps for rear projector televisions and front projectors, via online marketplaces like Amazon.com.
The plaintiff
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The Importance of a Cooperative Discovery Process
In a previous post we discussed generally the idea of a cooperative discovery process and highlighted how the proposed amendments to the Federal Rules embrace this principal (see, e.g., proposed amendments to Federal Rule Civil Procedure [“FRCP”] 1). Here, we discuss how the concept of a cooperative discovery process– even apart from the specific mandates in the FRCP –
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Magistrate Judge Peck’s Recent Decision on the Use of Predictive Coding and the Cooperative Obligations Involved
A little more than three years ago, federal Magistrate Judge Andrew J. Peck (SDNY), issued a seminal decision in Da Silva Moore v. Publicis Groupe & MSL Group, 11 Civ. 1279 (February 24, 2012). Indeed, in that ruling, Judge Peck sent a message that predictive coding and computer assisted review is an appropriate tool that should be “seriously
Continue Reading Magistrate Judge Peck’s Recent Decision on the Use of Predictive Coding and the Cooperative Obligations Involved
Never Agree to Do Something Your Client Cannot Do
Under the New York State Supreme Court Commercial Division Rules counsel are expected to agree at the Preliminary Conference as to the method and manner of their e-discovery (“ESI”) production. Counsel will sometimes readily agree to produce emails in their native format, with attendant metadata, without knowing whether or not their clients are able comply with such requirements.
This appears
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