Beware the Public Wi-Fi

One of the topics I speak about frequently is Ethics in e-Discovery, ethical duties to maintain the confidentiality of client information. Many attorneys and legal professionals I speak to are startled to learn that using a free public Wi-Fi service carries a high risk that private information will be breached. If you use free public WiFi then continue reading on the topic of Ethics in e-Discovery.

Technology Assisted Review – Score Another Win for Freedom of Choice

In a blog post last year, we examined two cases in which one party sought to force another party to use predictive coding technology to identify and produce documents in discovery. In each case, the court refused to order the producing party to use technology assisted review (“TAR”), finding instead that the litigant was entitled to use the reasonable, defensible methodology of its choice. In a recent decision from West Virginia, the court again adopted this freedom-of-choice approach.

In Pursuit of Better Privilege Logs – In the Empire State and Beyond

As most litigants are painfully aware, document review – even when managed efficiently and cost-effectively – often is the most expensive component of discovery. And in many cases the “second-pass” review of relevant documents for privilege, and the capture of information about privileged documents for the privilege log, becomes the most costly aspect of document review.


What is Information Governance and What Does It Have to Do with E-Discovery?

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?


Putting Statistics to Work in eDiscovery: Use Cases for Incorporating Statistical Sampling and Analysis

In two prior posts, I first made the case that all litigators need to understand some basic statistics, and then provided a primer on the key statistical concepts in ediscovery they should know. In this final post in the statistical sampling series, I suggest some of the best opportunities for incorporating statistical sampling and statistical analysis into discovery efforts.