Looking Back at the New Federal Rules: Was It Worth It?
With an old Judge, old lawyer and old technologist, we explore the utility of the new rules and whether this panel believes many years of work pushing the amendments through will make a difference on the practice of eDiscovery. It’s an interesting question and one which this panel dives into.
Read MoreJudicial Perspective on Changes to Rule 37e on Sanctions
The new Rule 37(e) which recently went into effect on failure to preserve and spoliation is thoroughly discussed by two well-known Judges, the Hon. Paul Grimm and the Hon. John Facciola.
Read MoreLaw Firm Outsourcing of eDiscovery
Learn about how law firms view outsourcing eDiscovery tasks like collection, processing, hosting and reviewing data to technology oriented vendors. Some firms want to own the EDRM model. Others want to outsource. And others consider eDiscovery a distraction to the practice of law so they ignore it.
Read MoreTop 10 eDiscovery Cases of 2013 with Ron Hedges
Former New Jersey Magistrate Judge and E-Discovery Expert Ron Hedges as well as attorney Patricia Antezana discuss 2013’s Top 10 eDiscovery cases.
Read MoreOver Processing of ESI and The Microsoft Letter – Part 2
This is part 2 of a 2 part series on over processing of ESI and the Microsoft letter. For this show, we added Tom Gricks, head of the predictive coding department at Schnader, Harrison, Segal & Lewis. We go beyond case law and try to use common sense to discuss if there are solutions to this problem. The other solution might be to continue the status quo and wait for new federal rules to try and bail us out.
Read More3 Baritone E-Discovery Voices Discuss the Meet and Confer Challenge
In this podcast, we discuss whether the Rule 26 (f) meet and confers are really working, how to make meet and confers more useful and we will delve into some of the challenges which occur in a meet and confer process.
Read MoreTaxation of Electronic Discovery Costs, Recovering Processing Fees
This podcast features a discussion on how to recoup eDiscovery costs, with Karl Schieneman and Mark Austrian.
Read MoreeDiscovery Passports and International eDiscovery in US Courts
Listen to this free podcast about navigating the world of international e-discovery and how it impacts litigation in the United States.
Read MoreSupreme Court Rules on Police GPS Use and Privacy Rights in US v. Jones
Listen to a discussion on the recent US v. Jones decision. In this decision, the Supreme Court unanimously held that the police must first obtain a search warrant before placing GPS device on a car for an extended period of time to covertly follow a suspect. This discussion will center on what the Supreme Court’s GPS opinion means to the general public and how the Supreme Court feels about the important field of privacy rights for individuals in the electronic age.
Read MoreThe 12 Days of Remediation, A Holiday Classic
This podcast addresses items ranging from data maps to retention schedules; effective and realistic legal hold strategies; effective policies regarding social media; personal and mobile devices and much more.
Read MoreNew Model Order for E-Discovery In Patent Cases
Learn aout the new Model Order for e-Discovery in Patent cases. This controversial order seeks to limit electronic discovery costs by reducing the number of custodian’s email that must be produced in a patent dispute to a presumed 5 custodians with 5 search terms. In addition, the order adopts much of Rule 502 to protect the waiver of privilege, excludes metadata without a showing of cause, and requires email to be produced as a supplemental production after information about the underlying patents have been produced.
Read MoreRetrieving ESI From Cloud-Based Applications
In this show we talk about Google Docs, social media, instant messenger applications and other third party software where ESI might reside that lawyers frequently would like to access to analyze in the context of litigation. We will provide some guidance on what you can do today and what the future is shaping up to look like.
Read MoreInternational Electronic Discovery
This show will address the challenges of collection and preservation, provide updates on case law, give some additional attention to the Far East and China, and even throw in some questions about how predictive coding might create additional privacy issues in other jurisdictions.
Read MoreInterviewing Witnesses in E-Discovery Cases
This show will address the critical E-Discovery step of interviewing witnesses before charging ahead and ramping up an E-Discovery project. In the haste and fear to get our arms around ESI, this non-technical step is often missed. This is why the lawyer is still the most important piece of technology in an E-Discovery case as technology always works best when it is aimed at useful ESI instead of lots of ESI.
Read MoreUK e-Disclosure Project Update and Its Application to the US
The e-Disclosure Project has many aspects including a model ESI Questionnaire that assists parties in agreeing on how ESI should be handled in their dispute. The ESI Questionnaire helps to analyze the proportionate impact the ESI has to the case compared to what is at stake in the matter.
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