Featured Articles

Digital Voicemail in E-Discovery -- or Dealing with Cerberus, the Three-Headed Dog from Hell

Wendy Akbar
November 18, 2009 17:50

You have one new voice message. First message: Monday, 4:45pm -- I must have just missed you, Vice President Joe. It's Mike van Dyke, your CEO. Remember that complicated widget invention -- Our best-seller you copied from the Widget Convention? The one in your job interview that you mentioned, And...

Google to the (E-Discovery) Rescue?

Anthony P. Chan
July 08, 2009 15:43

Recently I came across a doubleclick.com digital marketing piece touting Google's latest search technology, Google Search Appliance 6.0. The inviting web ad promised:  "Google brings Findability to Enterprise Search". The list of oohs and aahs includes: Dynamic...

Recent Articles

E-Discovery: What Increased Data Protection Means for the Global Economy

November 03, 2011 17:13

As our economy and companies become more digital and global, digital information outside the U.S becomes increasingly relevant to resolving civil disputes within our nation. Digital information will be governed by a set of laws and values many U.S. companies and their lawyers are not familiar with,...

The Dangers of Trusting Technology to Keep Privileged Documents From Opposing Counsel

October 21, 2011 16:54

It's every litigator's fear - inadvertent disclosure of privileged documents leading to a court finding of waiver of privilege.  A recent Illinois case shows just how easy it is to waive the privilege if you do not stay on top of the technological aspects of your production, even...

Dr. Seuss, Cheese and Social Media, Part III: Ethical Issues Involving Attorneys and Their Judges

Wendy Akbar
October 18, 2011 17:19

  "I am the Judge. I speak for the laws! I speak for the laws, for the laws have no tongues. And I'm asking you, sir, at the top of my lungs," (He was very upset as he shouted and puffed) "Stop friending me, lawyers!  Enough is enough!"  Part One of this article...

E-Discovery: Cutting Costs with Predictive Coding

October 12, 2011 15:47

The cost of e-discovery is forcing good companies to settle bad cases—but not for long. If your litigation budget had ears, “predictive coding” would be music to them. How it works Predictive coding is a “technology-assisted classifying process” in which “a human...

Florida Moving to Adopt Federally-Inspired E-Discovery Rules

September 20, 2011 17:33

Florida is hurdling toward the adoption of new civil procedure rules that address the discovery of electronically stored information (ESI) in the Florida state courts. The Florida Civil Rules Electronic Discovery Sub-Committee, initially under the leadership of Lawrence Kolin and now Kevin...

Nine Points Impacting E-Discovery Costs

September 08, 2011 23:42

There was a time when state court civil disputes did not involve the risk of astronomical e-discovery costs. That time has passed. Just as e-discovery in federal courts reaches some semblance of uniformity, the fifty (very independent) states have begun to realize that discovery in the Digital...

Dr. Seuss, Cheese and Social Media, Part II: Ethical Pitfalls, Pretexting and Duties of Candor

Wendy Akbar
July 25, 2011 20:37

 Imagine the following eloquent cross-examination: ATTORNEY SAM: Good morning, Witness. I am Sam. Do you like green eggs and ham? WITNESS: I do not like them, Sam-I-am. ATTORNEY SAM: Would you eat them in a house? WITNESS: I would not eat them in a house. ATTORNEY SAM: Would you eat...

Ascending to the Cloud Creates Negligible E-discovery Risk

July 14, 2011 17:28

Cloud computing platforms (a set of pooled computing resources that are powered by software and delivered over the Web) have been generating quite a bit of press in the last year. Indeed, just recently computing giant Microsoft launched its Microsoft 365 cloud computing platform, designed to rival...