by Maureen O'NeillOctober 22, 2014
Earlier this week the Securities and Exchange Commission announced that, for the fiscal year ending in September 2014, the agency filed a record-setting 755 enforcement actions. In this regulatory environment, virtually every corporation faces the risk of an enforcement action by the SEC, and the onerous e-discovery burdens often imposed by those actions.
by Maureen O'NeillSeptember 26, 2014
Last week in Dynamo Holdings et al. v. Comm’r of Internal Revenue, 143 T.C. No. 9, the U.S. Tax Court became the latest court to approve the use of predictive coding in litigation. The scenario addressed by Judge Buch has become familiar: Faced with the review of a large volume of documents for potential production, the producing party (Dynamo) sought to use predictive coding to identify responsive documents; the requesting party (the IRS) opposed the approach.
by Maureen O'NeillAugust 25, 2014
In the last few months, two different federal courts considered similar discovery scenarios, but reached opposite conclusions about how discovery should proceed. The parties agreed to a discovery plan that did not include the use of predictive coding. But after wading into discovery, the producing party realized that, in light of the volume of documents to be reviewed and the burden of conducting review with traditional methods, predicting coding could be worthwhile.
by Maureen O'NeillJune 11, 2014
Predictive coding reigned as the hot topic of conversation in legal technology circles over the last few years, but its preeminence soon may be over. Information governance now features prominently in the commentary of thought-leading lawyers and legal technologists. But what exactly is information governance? And what are the implications for e-discovery?
by Maureen O'NeillMay 29, 2014
Over the last couple years, a number of proposed amendments to the Federal Rules of Civil Procedure have been working their way through the rulemaking process. In two prior posts here, we explained these potential revisions, which were drafted by subcommittees of the Advisory Committee on Civil Rules, including the Duke Conference Subcommittee and the Discovery Subcommittee.