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Smartphone data more important in litigation 

Published: April 19, 2012

Tags: cell phones, e-discovery, smartphones

Smartphones are increasingly becoming not just useful tools for lawyers on the go, but potentially important factors in litigation.

First court approves computer-assisted e-discovery review 

By: Correy Stephenson
Published: April 12, 2012

Tags: computer-assisted review, e-discovery, New York

For years, technology experts and attorneys have been predicting the rise of computer-assisted coding and review for electronic discovery.

Earlier this year, U.S. Magistrate Judge Andrew J. Peck of the Southern District of New York was the first to issue a reported opinion in support of the technology – also referred to as “predictive coding” or “intelligent review” – calling it “an acceptable way to search for relevant [electronically stored information] in appropriate cases.”

Attorneys consider pursuing e-discovery for smaller cases 

By: Jack Zemlicka
Published: April 6, 2012

Tags: e-discovery

Sharon Nelson, left, watches fellow e-discovery lawyer Bruce Olson during their March 29 presentation on case discovery at the American Bar Association’s Techshow in Chicago. Attorneys need to be aware of potential ethical obligations, Olson and Nelson said, in considering whether to use e-discovery in small cases.

E-discovery charges not ‘costs’ under statute 

Published: March 20, 2012

Tags: e-discovery

Charges imposed by electronic discovery vendors to assist in the collection, processing and production of electronically stored information generally were not taxable as “costs” against the losing party in an antitrust case, the 3rd Circuit has ruled in slashing a $365,000 award.

FTC to update investigations, attorney misconduct allegations 

Published: January 26, 2012

Tags: attorney misconduct, e-discovery, electronic discovery, Federal Trade Commission, FTC

The Federal Trade Commission plans to both update its investigative process and clarify how it handles allegations of attorney misconduct, the agency has announced, seeking public comment on both issues.

Lawyers face new challenges with e-discovery in 2012 

Published: November 14, 2011

Tags: 20 Things Lawyers Need to Know in 2012, e-discovery, electronic discovery

As electronic discovery continues to evolve, litigators are facing new challenges, including emerging technology and expanding amounts of data. Looking ahead to the coming year, lawyers should keep an eye on the following trends.

Preserving social media for electronic discovery 

By: Correy Stephenson
Published: September 21, 2011

Tags: e-discovery, electronic discovery, Facebook, social media, social networking, Twitter

As more and more individuals and businesses participate in social media, the amount of litigation-related information on sites like Facebook and Twitter is rising.

For lawyers, these sites can be an electronic discovery gold mine – or they can be the downfall of a case.

How can lawyers ensure that social media communications are preserved for trial? Conversely, how can they stop their clients from putting themselves at risk of sanctions for deleting information?

Judge pulls ‘landmark’ opinion on metadata e-discovery 

Published: July 19, 2011

Tags: e-discovery, electronic discovery, electronically stored information, metadata, technology

A federal judge in New York has withdrawn what some commentators had hailed as a “landmark” decision on the disclosure of metadata during the course of e-discovery.

Judge approves $1.05 million sanction in e-discovery saga 

Published: June 29, 2011

Tags: e-discovery, electronic discovery, electronic evidence, Sanctions, spoliation

A federal judge has approved a $1.05 million sanction in a bitter e-discovery battle that still has the threat of jail hanging over the head of a company president accused of destroying electronic evidence.

Misspellings can create issues for e-discovery process 

By: Correy Stephenson
Published: May 3, 2011

Tags: e-discovery

You might have thought that electronic discovery always requires accuracy. But the latest advice from e-discovery experts is that misspelled words and names are just as essential to the process as accurate ones.