Recent Articles

Tweeting Jurors Causing Judicial Headaches

March 21, 2012 01:05

Courts are struggling with rising social media misconduct by jurors, posing a threat to the fundamental guarantee of a fair trial. Last November, the Federal Judicial Center published a report on Jurors' Use of Social Media During Trials and Deliberations, which concluded that despite various...

3rd Circuit Issues Race Tires Decision on Taxing EDD Costs

March 19, 2012 20:29

The 3rd U.S. Circuit Court of Appeals issued its long-awaited decision in Race Tires America, Inc. v. Hoosier Racing Tire Corp on March 16, 2011. The court took a narrow view of whether all the charges imposed by electronic discovery vendors to produce ESI can be taxed against the losing party per...

District Judge Will Hear Objections to Peck's Decision

March 16, 2012 19:32

As discussed in a previous EDD Update — Ramifications of Judge Peck's New Opinion — U.S. District Judge Andrew L. Carter will have the final say on Peck's e-discovery ruling in the Da Silva Moore case. Carter just granted plaintiffs' request to file a brief documenting their Rule 72(a) objections...

Ramifications of Judge Peck's New Opinion

March 16, 2012 15:32

We must remember that decisions of federal magistrate judges carry no weight beyond the U.S. district judge who assigned the matter to them. Under Rule 72 (a) of the Federal Rules of Civil Procedure, decisions of a magistrate judge are subject to review and either approval, modification or reversal...

Clearwell Integration in Sight for Data Insight 3.0

March 16, 2012 04:42

Data Insight 3.0, the latest version of Symantec's information governance software, allows the data's custodians to manage it, and also "lays the groundwork" for integration with Clearwell's e-discovery offerings, reports Evan Koblentz. "Where Data Insight is really focused is on who owns the data,...

LexisNexis Updates Law PreDiscovery, Early Data Analyzer

March 16, 2012 04:41

LexisNexis announced updates to Law PreDiscovery 6.1 and Early Data Analyzer 1.1, its e-discovery processing and early case assessment software, reports Evan Koblentz. Among PreDiscovery's new features are de-duplication from multiple cases simultaneously and the ability to "import/export load...

The Future of the Review Attorney

March 14, 2012 18:49

With the advent of computer-assisted review, it is difficult to know how the review industry will ultimately be impacted. Certainly, we can infer that the days of 100-attorney reviews that go on for months on end are coming to a conclusion. Does this increased efficiency bode that more "microwave"...

7th Circuit Decision on Warrantless Cell Phone Searches

March 12, 2012 21:04

Judge Richard Posner of the 7th Circuit wrote a very interesting opinion recently addressing the ability of law enforcement to search a cell phone without a warrant. The case is United States v. Abel Flores-Lopez. Posner noted that "Lurking behind this issue is the question whether and when a...

'Zubulake' Gains More Traction in New York Courts

March 10, 2012 03:23

New York's Appellate Division, 1st Department, again embraced the standards set out in Zubulake in its second major ruling in a month on e-discovery, write Marshall H. Fishman and Dana L. Post in "N.Y. Appellate Division Continues to Press 'Zubulake' EDD Standard." In GreenPoint, the appeals court...

Recommind Launches Predictive Coding Training

March 07, 2012 17:46

Recommind today introduced its Predictive Coding Training Program to formally educate legal practitioners and litigation support professionals in its own version of the automated review technology. The program, to be launched in April, will consist of online and in-person training. Successful...