E-Discovery

What Explains Failure To Preserve Electronic Evidence?

A discrimination-retaliation case, where there was an adverse inference against the defendant for failure to preserve potentially relevant electronically stored […]

Why Proposed Amendments to Federal Rules of Civil Procedure Matter Today

They are a good indicator of how federal judges are looking at e-discovery issues now…

A Third Party In Litigation, Google Is Forced To Reveal Search Terms

The company had responded to a document request made by Apple, as part of Apple’s litigation with Samsung. When Apple […]

Courts: Key Words Are Not Work Product

Lawyers often considered the methods they used to find responsive documents as privileged work product…

A Corporate Counsel’s Guide to Predictive Coding

Predictive coding is computer or technology-assisted review that extrapolates human review decisions from a subset of materials to classify documents […]

Ten Essential Best Practices in Predictive Coding

This paper outlines emerging best practices in the application of predictive coding to e-discovery. Having moved past its early experimental […]

Long Before E-Discovery, There’s Defensive Communication

Don’t discuss liability issues in non-privileged documents, and assume what you write will…

Judge Okays Culling by Keyword Search before Predictive Coding

Keyword search, second-best by most accounts, is also a lot cheaper.

Leveraging the Value of a Document with Multi-Matter Repositories

When a legal action arises, the worth of a document becomes clear. The document accrues value as it flows through […]

So You Think You’ll Be Sued

Companies use the cloud, share points, drop boxes, databases, websites, and “E-rooms” to store data. This volume of potentially relevant […]

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