April 6, 2016
Despite their well-earned reputation for being luddites, most lawyers know by now that information relevant to a particular lawsuit often resides in email, text messages, and traditional social networks like Facebook. While such a “small step” for lawyers is certainly a positive, it also obscures the fact that there are many other, less obvious sources holding relevant electronic data. Many of these sources – including global positioning system (GPS) devices and electronic toll transponders – are often overlooked in discovery even though lawyers use them daily in their personal lives or practices.
March 23, 2016
It has been fascinating to observe the rapid change in discovery rulings among the judiciary since the amendments to the Federal Rules of Civil Procedure were enacted late last year. Whereas courts used to intermittently reference proportionality standards in connection with discovery motions, they are now doing so with regularity. More significant, however, is that courts are routinely using the reinvigorated proportionality limitations found in amended FRCP 26 to temper unreasonable discovery demands.
March 10, 2016
Privilege logging is one of the most despised elements of discovery practice. A few years ago, civil discovery expert Kevin Brady concisely summarized why courts, counsel, and clients universally detest privilege logging: Judges don’t want to hear about the disputes or do any in camera review. Partners do not want to oversee the work on the log and associates don’t want to be bothered with such mundane tasks. Clients don’t want to pay significant amounts of money for something that poses only risk and no reward.
March 1, 2016
This week, the High Court of England and Wales issued an order approving the use of predictive coding. As previously reported by Big Law Business, the order from Pyrrho Investments v. MWB Business Exchange was the first of its kind in the UK. The order has generated considerable excitement, including the usual marketing hyperbole from litigation support vendors and legal technology enthusiasts that predictive coding is now about to sweep the globe.
February 22, 2016
As I caught the Titans of Mavericks competition’s highlights from my current home along the Wasatch Front, it struck me how the challenges facing the surfers at Mavericks were analogous to those confronting organizations that are trying to catch the Information Governance (IG) wave. Like Mavericks, there are any number of treacherous difficulties – including growing data stockpiles, technological traps, and rogue employees – that can overwhelm organizations before they can ride the IG wave.