Discoverability of social media content has been a big topic this year, with several cases addressing the issue. The holiday week look back at cases concludes with Crispin v. Christian Audigier Inc., 2010 U.S. Dist. Lexis 52832 (C.D. Calif. May 26, 2010), which addresses whether ‘private’ data on social networks is discoverable.
read moreThe holiday week look back at cases continues with Major Tours, Inc. v. Colorel, 2010 WL 2557250 (D.N.J. June 22, 2010), which addresses whether a party may obtain a Protective Order relieving it of the duty to access backup tapes, even when that party’s failure to issue a litigation hold resulted in the data only being available on those backup tapes.
read moreThe holiday week look back at cases continues with Rajala v. McGuire Woods LLP, (D. Kan. July 22, 2010), which addresses the applicability of Federal Rule of Evidence 502(d) and (e) in McGuire Woods’ request for a clawback provision for privileged documents.
read moreThis holiday week, we’re taking a look back at some of the cases which have had the most significance (from an eDiscovery standpoint) of the year. The first case we will look at is The Pension Committee of the Montreal Pension Plan v. Banc of America Securities, LLC, 29010 U.S. Dist. Lexis 4546 (S.D.N.Y. Jan. 15, 2010) (as amended May 28, 2010), commonly referred to as “Pension Committee”.
read moreEleven years ago, when I first began talking to attorneys about hosting document collections online to manage the review and production process for discovery, the typical response that I got was “I would never consider putting my client’s documents online – it’s just not secure”. These days, few folks seem to have that concern any more when it comes to putting sensitive data and documents online.
read moreOf all the project management techniques and activities we’ve discussed in the past weeks in this blog series, this is the one that gives many people the most trouble. There is no set of rules I can list that’s going to work well for everyone. I can, however, give you some tips to consider that may improve your time management skills.
read moreYesterday, we introduced the Virtual LegalTech online educational session Facing the Legal Dangers of Social Media and discussed what factors a social media governance policy should address. The session also addressed social media in litigation, discussing several considerations about social media, including whether it’s discoverable, how it’s being used in litigation, how to request it, how to preserve it, and how to produce it.
read moreAs noted previously, ALM hosted another Virtual LegalTech online “live” day online last week. Another session from “live” day was Legal Dangers of Social Media. As noted previously in this blog, having a social governance policy in place is a good idea to govern use of outside email, chat and social media that covers what employees should and should not do. From the session, here are some factors that a good social governance policy should address.
read moreAt the beginning of next year, 37 out of 51 states will have adopted at least some procedural rules which address eDiscovery issues. That leaves 14 states (including District of Columbia) that have not enacted any rules changes that address discovery of ESI. Here they are.
read moreYesterday, we introduced the Virtual LegalTech online educational session Frontiers of E-Discovery: What Lawyers Need to Know About “Predictive Coding” and defined predictive coding while also noting the two “learning” methods that most predictive coding mechanisms use to predict document classifications. The session also focused on strategies for using predictive coding and results of the TREC 2010 Legal Track Learning Task on the effectiveness of “Predictive Coding” technologies, which we discuss today.
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