Knotty Issues of eDiscovery
I have met lawyers who have a crazy idea: They HAVE to read EVERY email, document, Excel file, video, and every other bit of ESI produced in discovery. That position is wrong. Lawyers have a duty of competency to their client, and candor to the court, to look at what[…]
Read moreI am honored Bow Tie Law has been nominated for The Expert Institute’s Best Legal Blog Contest. I am very humbled by those who nominated Bow Tie Law. My blog received enough nominations to be one of the 250 legal blogs in this contest out of 2,000 potential nominees. There are many excellent blogs in the Technology[…]
Read moreIn a case over bad faith litigation and whether costs were recoverable, a Court recognized the importance of those who perform eDiscovery work. The crux of the issue is that clerical work is not a recoverable cost, while the work a paralegal does to support an attorney is recoverable. Would[…]
Read moreThere is no question that automotive product liability litigation is complex. However, self-collection is never a good idea. The Ford Unintended Acceleration Litigation is a case study on why it is a good idea to use archiving solutions and have expert witnesses conduct data collection. The Plaintiffs argued that Ford[…]
Read moreJack Halprin was a great legal mind in eDiscovery. Jack was smart, had a sharp sense of humor, and a profoundly decent person. His passing leaves a void for those who called him friend. I met Jack shortly after I began my career in eDiscovery in 2006. One of his[…]
Read moreDiscovery deadlines matter. Wells Fargo learned that the hard way with producing a relevant email 8 months after the close of discovery. Given the nature of the relevancy to the lawsuit, limited additional discovery was reopened. Here is the short overview of the case: Plaintiff’s asked Wells Fargo if the[…]
Read moreMagistrate Judge Jonathon Goodman knows the value of an expert deposition in complex litigation and B.B. King. Everyday I Have the Blues Here is the basic dispute in Procaps S.A. v. Patheon Inc.: The Plaintiff, based in Columbia, did not put a litigation hold in place until ordered by the[…]
Read moreIf a basketball player posts a public photo to Instagram, and then another basketball player reposts the photo, can the first basketball player sue for Invasion of Privacy, Intentional Infliction of Emotional Distress, Defamation, and General Negligence? The answer is yes, you can sue, but you will not survive a[…]
Read moreHow do you authenticate “Read Receipt” auto-generated emails? Are the messages hearsay? This issue was raised by a Defendant who challenged “Read Receipt” emails generated by one of the Defendants after reading an email from the Plaintiff. The Court rejected the argument that the “Read Receipt” email was unauthenticated hearsay.[…]
Read moreTake note all, there is a new predictive coding case by Judge Andrew Peck. The good Judge waded into the TAR-pit of transparency, which in my opinion has caused much unnecessary problems with judges and parties who believe “transparency” is required when predictive coding is used, mandating the disclosure of[…]
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