Attorney client and work product privileges became much more complicated in the electronic age. Not only was there significantly more data to review to determine whether privilege existed, but there were also a plethora of new ways to communicate—emails, text, social media, etc. These “new” issues raised by the electronic age caused heartburn for many lawyers. Following adoption of Federal Rule of Evidence 502, which expanded the protection provided by claw-back provisions, many lawyers breathed a sigh of relief, thinking they had a...
Co-authored by Pankaj Verma
What is Cloud Computing?
Technology has no boundaries, and the emerging market of cloud computing is proving it to be true. The National Institute of Standards and Technology (NIST) defines cloud computing as “a model for enabling ubiquitous, convenient, on-demand network access to a shared pool of configurable computing resources (e.g., networks, servers, storage, applications, and services) that can be rapidly provisioned and released with minimal management effort or service provider interaction.” These are...
Finally, a District Court case that answers the question we have all been asking “[h]ow many times can a litigant ignore his discovery obligations before his misconduct catches up with him?” Lee v. Max International, LLC, No. 10-4129 (10th Cir. May 3, 2011). In short, at least three.
The hot topic at LegalTech this year was “predictive coding” or technology assisted review. But why would you use it? Well, it can save you a ton of money on review.
Once you have chosen your vendor, it is very important to establish open lines of communication. Not only should you have a call with your vendor’s entire team at the start of the matter, but you should have constant communication as the assumptions and deadlines change. If you work together as a team, the process will go much more smoothly and both parties will be happier. Jane Gennarelli recently echoed this point in her blog post on Working Successfully with eDiscovery and Litigation Support Service Providers.