Ever-evolving and constantly growing, electronic discovery presents a variety of challenges for litigators.
Published: February 19, 2013
Tags: CLE, computer-assisted review, e-discovery, electronic discovery, electronically stored information, ESI, Facebook, iPad, iPad apps, iPad mini, legal technology, LegalTech, practice management, predictive coding, settlements, social media, technology
Lawyers USA reports on items of interest to solos and small firm attorneys from the annual LegalTech conference, including software that can predict where a case will settle.
Less than one year after a federal court judge issued a seminal electronic discovery decision blessing the use of computer-assisted review, the technology is already appearing in courts across the country.
The U.S. District Court for the Northern District of California has announced new guidelines regarding the discovery of electronically stored information (ESI).
In another example of courts and litigants struggling with the boundaries of discoverability of social media, the Equal Employment Opportunity Commission has filed a motion seeking to limit a discovery order.
U.S. Magistrate Judge Andrew J. Peck of the Southern District of New York made headlines earlier this year when he became the first to issue a reported opinion in support of computer-assisted coding and review for electronic discovery.
Reflecting the always-changing world of technology, electronic discovery presents new challenges for lawyers in 2013. At the forefront: social media evidence, smartphone data and the judicial blessing of a new form of discovery review.
Lawyers still making their way along the learning curve of social media evidence may struggle to find guidance from court opinions.
But two recent decisions with different results offer some clues on how to narrowly focus a discovery request to pass muster.
While the sheer amount of electronically stored information continues to grow, the cases in which it appears are sometimes small.
For lawyers seeking solutions for dealing with electronic discovery in cases without terabytes of data, the American Bar Association Law Practice Management Section has published Electronic Discovery for Small Cases: Managing Digital Evidence and ESI.
The parties to the Actos product liability multidistrict litigation will use predictive coding technology in a cooperative manner in managing the discovery of electronically stored information, a U.S. District Court in Louisiana has ordered.