Elizabeth A. Figueira

Blogs: C&M Health Law, Data Law Insights, Trade Secrets Trends

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U.S. Tax Court Approves Predictive Coding for Litigation Use

By Mike Lieberman & Elizabeth A. Figueira on September 22, 2014

On September 17, the U.S. Tax Court in Dynamo Holdings Ltd. P’ship v. IRS, 143 T.C. No. 9 added itself to the growing list of courts that have approved the use of predictive coding in litigation. As we have previously noted, predictive coding or Technology Assisted Review (“TAR”) has increasingly been utilized in large scale document productions in a wide variety of litigation and government investigation matters. However, not all parties and authorities have…

Data Law Insights

Technology Assisted Review Finally Enters the Spotlight

By Jeane A. Thomas & Elizabeth A. Figueira on August 15, 2014

After early concerns about the defending the results of the technology and whether courts would accept its use, Technology Assisted Review (“TAR”) has now entered the spotlight as an alternative to more traditional forms of document review. These technologies, commonly referred to as predictive coding, continue to win over both clients and counsel, who have achieved significant efficiencies, cost savings and improved results over more traditional review options, including keyword searching and manual review. The…

Data Law Insights

Report From Huron’s E-Discovery Advocacy Institute

By Elizabeth A. Figueira on October 18, 2013

On October 1st, I attended an all-day series of presentations hosted by Huron Legal Institute and Sandpiper Legal LLP in New York, which included several leading federal jurists and well-regarded practitioners offering their insights. The event featured five hypothetical cases covering a range of topics, with attorneys appearing before one of more of the judges to conduct a mock discovery conference or to argue motions. This structure proved to be an engaging means of discussing…

Data Law Insights

Reflection on Personal Jurisdiction in E-Communications

By Elizabeth A. Figueira on June 26, 2013

Earlier this month, I was a panelist on a webinar on Personal Jurisdiction From E-Communications: Social Media, Email, IM and Cloud Computing along with Mark McGrath of Sheppard Mullin. Our panel focused on the evolving landscape of personal jurisdiction in the online world starting with the advent of the internet to leading up to the world of cloud computing. We started with a discussion of how the Supreme Court’s core decisions still provide useful guideposts…

Data Law Insights

Indiana Federal Judge Declines to Order Defendants to Re-Do Discovery Based on Keyword Searches Followed by Predictive Coding

By Elizabeth A. Figueira on June 7, 2013

Ever since Magistrate Judge Peck’s decision last year in Da Silva Moore v. Publicis Groupe SA, 2012 WL 607412 (S.D.N.Y. Feb. 24, 2012), there has been an increasing stream of orders and opinions weighing in on the use (or proposed use) of predictive coding. With each opinion, a new wrinkle appears, further shaping how parties are conducting technology assisted review during discovery. Last month, Judge Robert Miller Jr., of the United States District Court for…

Data Law Insights

Upcoming Event: Personal Jurisdiction From E-Communications: Social Media, Websites, Email, IM and Cloud Computing

By Elizabeth A. Figueira on May 28, 2013

On June 12, I will be serving a speaker for a webinar hosted by Stafford Publishing entitled “Personal Jurisdiction From E-Communications: Social Media, Websites, Email, IM and Cloud Computing.” Here is what we will be discussing: The Internet has changed how courts view personal jurisdiction over defendants sued in a particular forum. Courts must now wrestle with personal jurisdiction issues involving electronic contacts using social media, company websites, emails and instant messaging (e-contacts). As a…

Data Law Insights

The Internet Flows Through…Virginia: Federal Prosecutors Use Server Location to Extend Their Reach

By Elizabeth A. Figueira on April 4, 2013

If you are alleged to have bribed government agents outside the United States or pirated music and movies protected by the Copyright Act, then you may find yourself sitting in a federal court in Richmond, Virginia. Why? Various government agency servers are located in that court’s jurisdiction and evidence of your criminal activities may have passed through government servers or private servers located in that region. As covered in my previous post, Cloud Computing, Social …

Data Law Insights

Cloud Computing, Social Media, and Other Internet-Based Data Transmissions Could Give Rise to Personal Jurisdiction in Distant Forums

By Elizabeth A. Figueira on February 13, 2013

The Second Circuit’s decision in MacDermid, Inc. v. Deiter, No. 11-5388-cv (2d Cir., Dec. 26, 2012), highlights the fact that where an email goes can be as important as what it says. The court found that an employee’s knowing transmission of an email via a computer server located in Connecticut was a sufficient basis for a Connecticut court to exercise personal jurisdiction over that employee under the state’s long-arm statute. The decision suggests this…

Trade Secrets Trends

Second Circuit Holds That Employee’s Misuse of Information on a Computer Server Alone Satisfies Minimum Contacts Test for Personal Jurisdiction in That State

By Mark A. Klapow, Michael Songer & Elizabeth A. Figueira on February 5, 2013

The Second Circuit Court of Appeals has given employers more flexibility in pursuing trade secret claims that are based on an employee’s theft of a company’s computer files. In MacDermid, Inc. v. Deiter, No. 11-5388-cv (2d Cir., Dec. 26, 2012), the court found that misappropriation from a computer server located in one state is a sufficient basis to haul the employee into court in that state. The decision suggests this is true regardless of the lack…

Elizabeth A. Figueira

U.S. Tax Court Approves Predictive Coding for Litigation Use

Technology Assisted Review Finally Enters the Spotlight

Report From Huron’s E-Discovery Advocacy Institute

Reflection on Personal Jurisdiction in E-Communications

Indiana Federal Judge Declines to Order Defendants to Re-Do Discovery Based on Keyword Searches Followed by Predictive Coding

Upcoming Event: Personal Jurisdiction From E-Communications: Social Media, Websites, Email, IM and Cloud Computing

The Internet Flows Through…Virginia: Federal Prosecutors Use Server Location to Extend Their Reach

Cloud Computing, Social Media, and Other Internet-Based Data Transmissions Could Give Rise to Personal Jurisdiction in Distant Forums

Second Circuit Holds That Employee’s Misuse of Information on a Computer Server Alone Satisfies Minimum Contacts Test for Personal Jurisdiction in That State

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