by Maureen O'NeillNovember 14, 2014
It’s rare to read a legal publication these days – or even a mainstream newspaper or magazine – without coming across a story about the “Internet of Things,” or IOT. The IOT refers to the ability of everyday objects to connect to the internet, allowing these devices to gather, send and receive data. Examples include wearable technology like watches and fitness bands that track our pulse, how far we’ve walked, and how many calories we’ve burned. Whether it’s litigation, an internal investigation, or the defense of a regulatory matter, the IOT changes how information is discovered and used as evidence.
by Maureen O'NeillOctober 31, 2014
Since it’s Halloween, I thought I might tell some ghost stories… Some truly spooky e-discovery tales! I hope these e-discovery stories don’t scare you too much, and I hope you aren’t being haunted by stories like these!
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.