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Judicial Rulings

The Way eDiscovery Should be Done…

How to Use the FRCP to Your Advantage – Rule 26(g)

  There are many court mandated procedural tools that exist in the Federal Rules of Civil Procedure.   However, we often get questions from attorneys that lead us to believe that many are not as familiar with the rules as they should be.  Granted, they are a little dry in their presentation, but in fact, they […]

Why is eDiscovery Competence Important?…Because you Might be Sanctioned, Heavily

  Intro I firmly believe that if you don’t have a particular expertise needed to do your job correctly, that it is better to find someone that does, rather than try to learn on the fly.  The most successful people that I know surround themselves with people that have expertise that they don’t possess.  This […]

No, There is No Legal Requirement that You Read Every Document

Intro There are still many lawyers who believe that they are not doing their job if they don’t read every email, document, spreadsheet, video and all other ESI that gets produced during discovery.  In fact, the opposite is true.  Courts are pushing the idea that you need to use technology to help you get to […]

Using Technology to Reduce Review Costs May Soon Be a Requirement to Recover Fees

      There are lots of reasons to embrace technology during litigation and document review; accuracy, efficiency and client satisfaction rank among the top reasons.  One that must now be added to the list and is generally overlooked by lawyers is the impact that technology may have on court approved fees for work performed […]

Daubert Expert Motions – Best Practices Should be followed to be Successful

Intro Challenging an expert witness is not like challenging a general witness. There are complicated rules outlined under Federal Rules of Evidence 702 and 703 that govern this procedure.   The procedure for Daubert motions resulted from the 1993 Supreme Court case, Daubert v. Merrell Dow Pharms., 509 U.S. 579 (U.S. 1993).  Assuming that your motion […]

Talking Technology – Perspectives from the Federal Bench, Legal Tech 2016

I say it every year.  As a practicing attorney, if you are only going to attend one session at Legal Tech, it should be a panel where jurists are willing to impart their knowledge and impressions to a legal audience.  Getting information directly from judges is the best roadmap a litigator can have that might […]

Discovery on Discovery – The Current Standards According to the Southern District of New York

I try to stay abreast of important rulings as they occur, but this one slipped under my radar.  Nonetheless, I think it is worthwhile to review since it is really a fundamental issue that should be handled during the Meet and Confer.  Since that was part of a topic during a recent webinar we conducted […]

Think that Social Media isn’t Relevant in Today’s Litigation? The Times They are a Changin..

A New York court has ruled that divorce papers can be served via Facebook. In Baidoo v. Blood-Dzraku (N.Y. Mar. 27, 2015) Manhattan Supreme Court Justice Matthew Cooper has ruled that Elanora Baidoo can serve her elusive husband with divorce papers via a Facebook message. Why this break from traditional legal service? Because no one […]

What’s Wrong With Discovery? An Update from Legal Tech

As an active vendor at Legal Tech, with both a booth and a demo room to meet with clients, I don’t get to attend many education sessions. But I was sure not to miss the judges’ panel on “What’s Wrong with eDiscovery” that took place on Wednesday afternoon. Why? Essentially, when I have a chance […]

Know The Law, Know The Technology: Where Do Ethical Rules Fit?

It’s not news that we are living in a totally digitized world.  What is not clear is whether the ethical standards that currently exist are complete enough to guide attorneys through the current climate.   Lawyers have been bound by some fundamental ethical requirements since the beginning of the profession, but technology, and particularly the eDiscovery […]