e-Discovery Team offers a team approach to electronic discovery by combining the talents of law and IT. This blog is disgned for all levels and types of readers, from litigators with years of experience in e-discovery, sophisticated in-house counsel, beginning lawyers and paralegals, and law students, to non-lawyer IT experts and other professionals in the growing fields of e-discovery and information management. This blig is authored by Ralph Losey of Akerman Senterfitt.
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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...
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
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...
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;...
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
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...
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
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
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,...
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...