Knotty Issues of eDiscovery
Treating e-Discovery review the same as a paper-based document review runs the risk of shattering the litigation process. In Oracle v. SAP, 2008 U.S. Dist. LEXIS 88319, the estimated cost of reviewing 165 custodians was projected as $16.5 million. This included the defendants employing more than fifty contract attorneys and[…]
Read moreThere were three big “search term” cases in 2008 by Magistrate Judges John Facciola and Paul Grimm (both of whom also wear bow ties).[1] In United States v. O’Keefe, Judge Facciola wrote, “…for lawyers and judges to dare opine that a certain search term or terms would be more likely[…]
Read moreSometimes, people don’t know any better and fight the really wrong fight. This might be where the maxim, “Never bring a knife to a gun fight” comes from. It is also the mindset that built the Maginot line. Perfect Barrier LLC v. Woodsmart Solutions Inc., 2008 U.S. Dist. LEXIS 71863[…]
Read moreCan you have a reasonable expectation of privacy in text messages? This video clip from the CT Summation & Ivize webinar addressed this issue.
Read moreIt started with JenniCam when I was in college: People crying for attention and utilizing technology to express themselves with a cultish following.[1] Julia Allison has taken this to a new level of Internet self-promotion that highlights a strange effect on litigation. For those not familiar with her, Julia Allison[…]
Read moreAll of our tools and toys that generate electronically stored information can frustrate law firms with high e-Discovery costs. Lawyers who choose to have their discovery productions printed can have nearly 10,000 times more paper than 10 years ago.[1] It is difficult to visualize how “big” ESI can be. WIRED[…]
Read moreDating is not always easy. Dating outside of a marriage is just asking for trouble. The key evidence in a recent marriage fraud case was the Defendant’s Match.com profile. Now, there was other substantial evidence in the case, but the evidence the court spent the most time on was a[…]
Read moreFrom Consider this… A mother bought her daughter an MP3 player from Wal-Mart. Mom thought the MP3 player was new, but Wal-Mart sells used MP3 players as new products without disclosing the fact they are used.[1] The 12 year old daughter started using her “new-to-her” MP3 player. To her shock,[…]
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