by Maureen O'NeillAugust 3, 2015
E-Discovery finds itself in the headlines of the mainstream media again. This time, the general public gets a chance to learn about the discoverability of text messages—and the potential consequences of evidence spoliation—thanks to Tom Brady and the “deflategate” scandal. (For those of you who don’t follow sports, “deflategate” refers to allegations that the New England Patriot’s quarterback played with deliberately deflated footballs in the team’s victory over the Indianapolis Colts in the AFC Championship.)
by Maureen O'NeillJuly 21, 2015
Last week at LegalTech West, as part of DiscoverReady’s Corporate Counsel CLE track, I facilitated a panel discussion on “Managing Data Security and Privacy in Discovery.” And I had the very good fortune of moderating a panel comprised of three experienced, smart, engaging in-house data security and privacy experts—along with one equally impressive law firm attorney with a national reputation for his expertise in this area. The presentation was so well received that I thought I’d share some highlights here on our eDiscovery blog.
by Maureen O'NeillJune 30, 2015
Legal commentators have been speculating about how the “Internet of Things” could generate a flood of new litigation. Some of that speculation recently became reality, when plaintiffs filed a class action against a group of automakers, alleging that they sold unsafe cars because their internet connectivity creates vulnerability to hackers.
by Maureen O'NeillMarch 28, 2015
How to Go Where Angels Fear to Tread: Best Practices for Developing and Negotiating Keyword Search Terms
In United States v. O’Keefe, former U.S. Magistrate Judge John Facciola tackled the subject of using keyword search terms to help identify relevant documents for production in discovery. Observing that the proper use of search terms in ediscovery involves “the sciences of computer technology, statistics and linguistics,” the Judge offered the now famous quip that, for lawyers and judges to opine on the effectiveness of a given set of search terms “is truly to go where angels fear to tread.”
by Maureen O'NeillMarch 17, 2015
Just in time for a St. Patrick’s Day eDiscovery blog post, earlier this month the High Court in Dublin issued an order approving the use of technology assisted review (TAR). In Irish Bank Resolution Corporation Ltd. v. Sean Quinn, Justice Fullam found that “technology assisted review using predictive coding discharges a party’s discovery obligations” under the applicable Supreme Court rule, Rule O.31 r.12.