Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.
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Nigel Murray of Huron Legal – eDiscovery Trends
 Nigel Murray of Huron Legal – eDiscovery Trends 150 150 CloudNine

Today’s thought leader is Nigel Murray. Nigel is Managing Director at Huron Legal. Nigel has been at the forefront of the litigation support and e-Disclosure industry in the UK since 1991. He managed the first e-disclosure project to go before a U.K. court in the early 2000s and has since advised and worked with many clients in the U.K., mainland Europe and the Middle East in a range of industry sectors. Prior to joining Huron, Nigel was the founder and managing director of TRILANTIC, the first U.K.-based e-disclosure company, and a litigation support manager in a major international law firm. Nigel has been a speaker at engagements throughout the U.S., Europe and the Middle East, and he has published multiple articles.

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Must Losing Plaintiff Pay Defendant $2.8 Million for Predictive Coding of One Million Documents? Court Says Yes – eDiscovery Case Law
 Must Losing Plaintiff Pay Defendant $2.8 Million for Predictive Coding of One Million Documents? Court Says Yes – eDiscovery Case Law 150 150 CloudNine

In Gabriel Technologies Corp. v. Qualcomm Inc., District Judge Anthony J. Battaglia awarded the defendant over $12.4 million in attorneys’ fees to be paid by the losing plaintiff in the case. The amount included over $2.8 million for “computer-assisted, algorithm-driven document review” and nearly $392,000 for contract attorneys to review documents identified by the algorithm as responsive.

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George Socha of Socha Consulting LLC – eDiscovery Trends
 George Socha of Socha Consulting LLC – eDiscovery Trends 150 150 CloudNine

Today’s thought leader is George Socha. A litigator for 16 years, George is President of Socha Consulting LLC, offering services as an electronic discovery expert witness, special master and advisor to corporations, law firms and their clients, and legal vertical market software and service providers in the areas of electronic discovery and automated litigation support. George has also been co-author of the leading survey on the electronic discovery market, The Socha-Gelbmann Electronic Discovery Survey; in 2011, he and Tom Gelbmann converted the Survey into Apersee, an online system for selecting eDiscovery providers and their offerings. In 2005, he and Tom Gelbmann launched the Electronic Discovery Reference Model project to establish standards within the eDiscovery industry – today, the EDRM model has become a standard in the industry for the eDiscovery life cycle and there are nine active projects with over 300 members from 81 participating organizations. George has a J.D. for Cornell Law School and a B.A. from the University of Wisconsin – Madison.

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Alon Israely, Esq., CISSP of BIA – eDiscovery Trends
 Alon Israely, Esq., CISSP of BIA – eDiscovery Trends 150 150 CloudNine

Today’s thought leader is Alon Israely. Alon is a Manager of Strategic Partnerships at Business Intelligence Associates (BIA) and currently leads the Strategic Partner Program at BIA. Alon has over seventeen years of experience in a variety of advanced computing-related technologies and has consulted with law firms and their clients on a variety of technology issues, including expert witness services related to computer forensics, digital evidence management and data security. Alon is an attorney and Certified Information Security Specialist (CISSP).

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Laura Zubulake, Author of “Zubulake's e-Discovery” – eDiscovery Trends
 Laura Zubulake, Author of “Zubulake's e-Discovery” – eDiscovery Trends 150 150 CloudNine

Today’s thought leader is Laura Zubulake. Laura worked on Wall Street for 20 years in institutional equity departments and, in 1991, authored the book The Complete Guide to Convertible Securities Worldwide. She was the plaintiff in the Zubulake vs. UBS Warburg case, which resulted in several landmark opinions related to eDiscovery and counsel’s obligations for the preservation of electronically stored information. The December 2006 amendments to the Federal Rules of Civil Procedure were influenced, in part, by the Zubulake case. Last year, Laura published a book titled Zubulake’s e-Discovery: The Untold Story of my Quest for Justice, previously discussed on this blog and she speaks professionally about eDiscovery topics and her experiences related to the case.

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10 Tips for LegalTech Vendors – eDiscovery Best Practices
 10 Tips for LegalTech Vendors – eDiscovery Best Practices 150 150 CloudNine

We’ve mentioned Ralph Losey from Jackson Lewis several times on this blog, including last year’s thought leader interview at LegalTech New York and our interview with him again this year, which will be published on March 1. We’re discussing another interesting article from Losey, but this time it’s Adam Losey. His article 10 Tips for LegalTech Vendors, that appeared in Law Technology News has some interesting tips that all vendors (especially those exhibiting at trade shows) should bear in mind. Here are his tips, along with some of my comments.

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Don Philbin of Picture It Settled – eDiscovery Trends
 Don Philbin of Picture It Settled – eDiscovery Trends 150 150 CloudNine

Today’s thought leader is Don Philbin. Don is a nationally recognized attorney-mediator and is President and founder of Picture It Settled®, a predictive analytics tool for negotiation. Holding both a law degree and an MBA, Don mediates individual and class matters, and he teaches courses at Pepperdine Law’s Straus Institute for Dispute Resolution. He was one of three Texas mediators listed in the 2011 inaugural edition of The International Who’s Who of Commercial Mediation, and he was named the 2011 Outstanding Lawyer in Mediation by the San Antonio Business Journal. He is an elected fellow of the International Academy of Mediators and the American Academy of Civil Trial Mediators.

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Tom Gelbmann of Gelbmann & Associates, LLC – eDiscovery Trends
 Tom Gelbmann of Gelbmann & Associates, LLC – eDiscovery Trends 150 150 CloudNine

Today’s thought leader is Tom Gelbmann. Tom is Principal of Gelbmann & Associates, LLC. Since 1993, Gelbmann & Associates, LLC has advised law firms and Corporate Law Departments to realize the full benefit of their investments in Information Technology. Tom has also been co-author of the leading survey on the electronic discovery market, The Socha-Gelbmann Electronic Discovery Survey; in 2011 he and George Socha converted the Survey into Apersee, an online system for selecting eDiscovery providers and their offerings. In 2005, he and George Socha launched the Electronic Discovery Reference Model project to establish standards within the eDiscovery industry – today, the EDRM model has become a standard in the industry for the eDiscovery life cycle.

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Ray Zwiefelhofer of World Software (Worldox) – eDiscovery Trends
 Ray Zwiefelhofer of World Software (Worldox) – eDiscovery Trends 150 150 CloudNine

Today’s thought leader is Ray Zwiefelhofer of World Software (Worldox). Ray has over twenty years of experience within the technology and legal services market, offering professional, consulting, technology management and product solutions with an emphasis on working with AMLAW 250 & Fortune 500 organizations. He has founded and served in President/CEO/CIO positions at software startups and as a CTO at a Fortune 500 company. Prior to joining World Software, Ray was the Founder/CEO of nQueue a global cost recovery company where he patented and spearheaded the change from a hardware-based to software-based cost recovery model. Ray has also worked previously at include the Thomas Kinkade Network, Bowne, Imagineer, Equitrac and Diebold.

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Stored Communications Act Limits Production of Google Emails – eDiscovery Case Law
 Stored Communications Act Limits Production of Google Emails – eDiscovery Case Law 150 150 CloudNine

In Optiver Australia Pty. Ltd. & Anor. v. Tibra Trading Pty. Ltd. & Ors., California Magistrate Judge Paul S. Grewal granted much of the defendant’s motion to quash subpoena of Google for electronic communications sent or received by certain Gmail accounts allegedly used by employees of the defendant because most of the request violated the terms of the Stored Communications Act.

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