Stipulations for Discovery of ESI: America’s Next Top Model

In federal court—and in most state courts—parties must meet and confer at the beginning of the litigation to discuss various case management issues, and hopefully reach stipulated agreements about those issues. The discussions must address the discovery of electronically stored information, a subject that in too many cases causes needless amounts of disagreement, delay, expense, and overall angst among the litigants and counsel. Why is the negotiation of ESI stipulations so difficult?

“Deflategate” and Text Messages: e-Discovery Lessons

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.)

Data Security and Privacy in Discovery – Finally Getting the Attention it Deserves

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.

The Internet of Things — Let the Litigation Commence

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.

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.”