Knotty Issues of eDiscovery
Audio and video files can provide challenges for attorney review. My first case with audio files was representing a defendant in a criminal matter. The evidence included hundreds of wiretap recordings of audio files. Our review strategy was to provide an MP3 player to the defendant in custody, so that[…]
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California has set the gold standard for eDiscovery competency with Formal Opinion 2015-193. I have a new CLE presentation on the new opinion that discusses how California attorneys can meet their duty of competency to their clients. Check out my podcast discussing these issues and more.
Read moreThe new Federal Rules of Civil Procedure are not as exciting as Star Wars The Force Awakens, but there differently has been an awakening on proportionality. There are those who fear eDiscovery, thus feel the new Rule 26 empowers them to object to every request for production on the grounds[…]
Read moreThe form of production and metadata are center of many motions in compel. One such battle was fought in a case in Alaska regarding insurance coverage. The requesting party sought the production of an affidavit of a deceased insured that was key to determining whether a vehicle was covered or[…]
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 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 moreWe have Geek Judges. I love those Jurists. We also have Judges who love sports. I have a gut feeling it would be fun to go see a baseball game with Magistrate Judge Young B. Kim. Bagwe v. Sedgwick Claims Mgmt. Servs., is a case where the prevailing party sought[…]
Read moreRecovering attorney’s fees and costs is one of the more unpleasant aspects of the practice of law. In situations where an attorney has not been paid, a retaining lien gives “the attorney the right to retain possession of the client’s documents and files which come into the attorney’s hands during[…]
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As 2014 draws to a close, it is time to reflect on the cases from this year in eDiscovery. One of the biggest trends I took away from caselaw in 2014, is that more Judges have a greater understanding of eDiscovery, resulting in practical opinions. Here are the practice areas[…]
Read moreTips on reviewing electronic discovery, including issue tagging for causes of action or defenses and eDiscovery project management.
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