Recent Articles

New Methods for Legal Search and Review

March 19, 2012 00:14

New systems of e-discovery are emerging that are designed for today’s digital world. Unlike most existing e-discovery systems, they are not mere adaptations of old paper discovery ways. The new methods use an entirely new collaborative approach and technologies, exemplified by predictive...

Perspective on Legal Search and Document Review

March 11, 2012 21:51

For millennium writings were on paper. For centuries the legal profession depended upon writings, referred to in the law as documents, as the key evidence to resolve disputes in a fair and just manner. Losey, Mathematical Formula for Justice Proves the Importance of ESI in Civil Litigation, Chapter...

LegalTech Interview of Dean Gonsowski on Predictive Coding and My Mission to Make Preditive Coding Software More Affordable

March 09, 2012 20:24

I highly recommend you watch this interview of an expert on e-discovery search whom I respect, Dean Gonsowski, Symantec eDiscovery Counsel. Dean is a former practicing attorney and general counsel who is now an expert on technology for Clearwell-Symantec. He has a good handle on the big picture of...

Ethics of Electronic Discovery – Part Two

March 08, 2012 12:10

For Part One, see here. Ethical Analysis of the Hypothetical What ethical considerations and rules or professional conduct come into play in this scenario? Let us analyze the facts of the hypothetical one rule at a time and consider the impact of all six of the key rules: Rule 1.1 – Competence;...

Ethics of Electronic Discovery – Part One

March 05, 2012 02:18

I have been interested in the ethical issues surrounding electronic discovery since 2006. At that time I phased out my general trial practice, went full-time e-discovery, joined The Sedona Conference®, and started this e-Discovery Team® blog. As part of my practice I read most of the opinions...

My Impromptu Video Interview at NY LegalTech on Predictive Coding and Some Hopeful Thoughts for the Future

February 29, 2012 00:56

This is my off-the-cuff interview at LegalTech 2012 by the well-known Gregory P. Bufithis, the founder and CEO of Project Counsel. Most of the video is of me talking about my current favorite subject, predictive coding, but I am also asked about where to get reliable information on e-discovery. I...

Animation Showing How Not To Cooperate In An E-Discovery Conference

February 20, 2012 19:52

To my dear friends in the e-Discovery team community who prefer my videos and graphics to my many worrrrds, this blog’s for you. ___________ Don’t be a pseudo-cooperator. Make reasonable disclosures. ______ All characters appearing in this work are fictitious. Any resemblance to real...

“Winning isn’t everything, it’s the only thing” – Examining the new trend towards big e-discovery cost awards for winners

October 20, 2011 23:52

It is now sweeter than ever to be a victor in federal court. That’s because of the hot new trend to award winners their e-discovery costs under 28 U.S.C. §1920(4) and Rule 54(d)(1) FRCP. Courts are now beginning to consider the services of an e-discovery vendor as “the 21st Century...

Judge Peck Calls Upon Lawyers to Use Artificial Intelligence and Jason Baron Warns of a Dark Future of Information Burn-Out If We Don’t

October 17, 2011 01:50

This blog will report on a new article by Judge Andrew Peck endorsing the use of artificial intelligence and a recent speech by Jason R. Baron warning of a coming digital dark age of information overload. The two events, much like 7 of 9, make a compelling argument for law to embrace technology,...

We Are at the Dawn of a Golden Age of Justice

October 10, 2011 00:05

The information explosion is about to trigger a justice explosion. It will happen as soon as law catches up with technology. It will happen as soon as law learns to harvest the vast new fields of digital evidence that technology has created. We will then enjoy a much higher level of justice than we...