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Massachusetts Adopts New Civil Rules Governing E-Discovery
My home base of Massachusetts has become the latest state to adopt rules governing the discovery of electronically stored information in civil cases. The new rules, which the Supreme Judicial Court...
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Report: Predictive Coding Replaces Sanctions as the Big News in E-Discovery
For the last several years, year-end reports on e-discovery have highlighted sanctions as the lead headline. (For examples from this blog, see Report: Sanction Requests Rise But Awards Hold Steady for...
View ArticleTrends and Best Practices in E-Discovery Privilege Review
Recent cases have presented several examples of the inadvertent production of privileged, “smoking gun” documents. In some of those cases, even with a clawback agreement in place, the court would not...
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Webinar: Trends and Best Practices in E-Discovery Privilege Review
You cannot unring a bell, as the saying goes, and nowhere in e-discovery is that more true than when privileged documents are inadvertently produced to an opposing party. Even if you have a clawback...
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Judge Peck Provides a Primer on Computer-Assisted Review
Magistrate Judge Andrew J. Peck issued a landmark decision in Monique Da Silva Moore v. MSL Group, filed on Feb. 24, 2012. This much-blogged-about decision made headlines as being the first judicial...
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Check for Privilege Before Turning Over Your Database: The Lesson in...
Before you give opposing counsel the keys to your production database, run at least one check on the privilege field to see if any of your documents are marked “privileged.” That is the lesson a...
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In E-Discovery, Even Google Needs Help with Search: Oracle Case is Lesson in...
Lest anyone underestimate the complexity of privilege searching in e-discovery, consider the recent case in which none other than search giant Google got tripped up. Although the company’s privilege...
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‘Mt. Hawley’ Affirmed and Claim Dismissed: District Judge Again Puts His...
For over a year, we have been writing about a West Virginia decision (and its progeny) that we believe went too far in making new e-discovery law. The original decision, issued May 18, 2010, was styled...
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New Model E-Discovery Order for Patent Cases Turns Fishing Expeditions into...
Two weeks ago in his speech at the East Texas Judicial Conference, Chief Judge Randall R. Rader of the Federal Circuit Court of Appeals announced approval of An E-Discovery Model Order for patent...
View ArticleSeminar in Houston this Week on Protecting Privilege Using Defensible Search
There is still time to register for How to Protect Privilege Using Defensible Search and Review Strategies, a live seminar and lunch in Houston on Wednesday. The seminar panel includes Harris County...
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Data-indexing Glitches and Inadvertent Disclosure: More on ‘Mt. Hawley’
A case that has clearly caught the attention of e-discovery professionals is Mt. Hawley Insurance Company v. Felman Production Inc., 2010 WL 1990555 (S.D.W.Va., May 18, 2010). As we noted in a post...
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