Knotty Issues of eDiscovery
Legal Tech New York is quickly approaching. I sat down with friends who are eDiscovery leaders and asked them three basic questions: What are big eDiscovery issues for 2014? What are the tech solutions? What can we learn from you at LTNY? We also discussed upcoming geek movies in 2014.[…]
Read moreLegal Tech New York is quickly approaching. I sat down with friends who are eDiscovery leaders and asked them three basic questions: What are big eDiscovery issues for 2014? What are the tech solutions? What can we learn from you at LTNY? We also discussed upcoming geek movies in 2014.[…]
Read moreJudge Young B Kim posed an interesting question for a party seeking costs for the hosting of ESI to review: Applying these principles [Race Tires, Rawal, & Johnson] to the specific question of online hosting costs, this court finds that these costs may be recoverable only if hosting amounted to “copying”[…]
Read more2013 was a very interesting year for case law. My video re-cap focuses on litigation holds, proportionality and the taxation of costs. I also had a little fun with the video editing. Some of the cases discussed in the video include: AMC Tech., LLC v. Cisco Sys., 2013 U.S. Dist.[…]
Read moreI have served as the chairman of the SCCBA Law Related Education Committee for the last two years. Our main area of responsibility is running the county mock trial tournament in February for over 400 students. These are the closing days of my two terms. I have been fairly reflective[…]
Read moreHere is the big lesson from the latest Biomet opinion over predictive coding: The Steering Committee wants the whole seed set Biomet used for the algorithm’s initial training. That request reaches well beyond the scope of any permissible discovery by seeking irrelevant or privileged documents used to tell the algorithm[…]
Read moreMagistrate Judge William Hussmann put a new spin on form of production analysis in Crissen v. Gupta: What form was discovery in and when was it in that form? The Plaintiff brought a motion for the production of Word documents in native file format. The Producing Party had produced the[…]
Read moreThere is a strong trend in case law for 2013: Judges understand the form of production. Magistrate Judge Donna Martinez brought home this point in Saliga v. Chemtura Corp. The Plaintiff requested ESI in native file format. The Defendant objected. However, the objection was not based on undue burden or proportionality,[…]
Read moreThe 6th Paraben Computer Forensic Conference was held in Snowbird, Utah November 13-15, 2013. I love PFIC because it is a content driven show. Amber Schroader, CEO of Paraben Corporation, kicked off the lecture track of the conference by addressing computer forensics in mobile devices and BYOD. The next generation[…]
Read moreJudge William Orrick summed up a basic truth of eDiscovery: In the age of electronically-stored information (“ESI”), production of all relevant, not privileged and reasonably accessible documents in a company’s custody and control is easier said than done. Banas v. Volcano Corp., 2013 U.S. Dist. LEXIS 144139, at *5 (N.D. Cal. Oct.[…]
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