Ethics of e-Discovery (or, Teaching Lawyers Ballet)

“Watching an incompetent lawyer is like watching a clumsy ballerina.”  Magistrate Judge John M. Facciola, February 4, 2009  Magistrate Judge John M. Facciola’s keynote at Legal Tech 2009 had a call to action for lawyers to have certifications and standards of competence regarding technology.  In light of how everyday life[…]

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Discovery Production Workflow: Lessons from Magistrate Judges Facciola & Grimm

In my prior posting Playing with Fire: Producing ESI as Paper we looked at the dangers of producing ESI as paper.  In addition to the legal analysis, Judge Facciola outlined a workflow for the parties in Covad Communications Company v. Revonet, Inc. The Defendants represented to the Court that it[…]

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Playing with Fire: Producing ESI as Paper

“…Revonet’s producing the e-mails only in hard copy played with fire. ” Magistrate Judge John Facciola, Covad Communications Company v. Revonet, Inc.  I have blogged on parties failing to state a form of production in prior postings and producing parties attempting to produce ESI as paper or non-searchable TIFFs.   In[…]

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Standards to Identify Anonymous Posters for Defamation

The internet is creating emerging legal issues, from jurisdiction to discovery. The identification of anonymous bloggers-posting defamatory statements on the internet–is one of those issues.   Judge Rory J. Bellantoni, Ottinger v. Non-Party The Journal News In Ottinger v. Non-Party The Journal News, 2008 N.Y. Misc. LEXIS 4579 (N.Y. Sup.[…]

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Back on the Record: Tips on Deposition Preparation with Technology

I have taken and defended a good number of depositions.  Preparing for deposition requires thoroughness, thoughtfulness, and not being tied to your question outline like a student actor reading a script.  Whether you are “old school” or “new school,” there are many ways to enhance your deposition practice with litigation[…]

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