LegalTech New York is right around the corner. And, much like the recent Georgetown Advanced Ediscovery Institute, there will be no shortage of discussion about predictive coding/technology-assisted review (“TAR”). The agenda includes fourteen program descriptions that directly reference TAR
Discovery Advocate
News, Developments and Practical Advice on eDiscovery in the trenches of Litigation
Discovery Advocate, published by Baker & Hostetler LLP, focuses on legal issues related to electronic discovery and data preservation in litigation. The blog covers topics such as the challenges of preserving and producing electronically stored information (ESI), including emails, instant messages, and data on personal devices. It discusses court rulings on discovery obligations, sanctions for discovery failures, and regulatory enforcement actions related to record retention and off-channel communications. The blog also addresses best practices for litigation holds, compliance with discovery rules, and the impact of technology on discovery processes in complex legal disputes.
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Marital Communications are “Essential to the Preservation of Marriage” – Unless Made from a Workplace Computer
Editor’s Note: This post is a joint submission to BakerHostetler’s Data Privacy Monitor blog.
Communications between spouses are typically accorded a “marital communications privilege” because they are “regarded as so essential to the preservation of the marriage relationship…
IRS Collection Division Embraces E-Discovery in New Guidance
The Internal Revenue Service’s Director of Collection Policy recently released Memorandum SBSE-05-0912-075, revising prior guidance to IRS collection employees on their obligations to preserve electronic and paper documents related to disputes with taxpayers. This Memorandum generally follows existing law,…
Gil Keteltas and Karin Scholz Jenson named National Co-Chairs of E-Discovery Advocacy and Management Team
BakerHostetler announced today that Gil Keteltas and Karin Scholz Jenson have been appointed National Co-Chairs of its E-Discovery Advocacy and Management Team. The name of the practice team has also been changed to reflect the importance of strong advocacy…
The Duty to Preserve in Tax Controversies
It is boilerplate law that parties are under an obligation to preserve potentially relevant evidence when they identify a “reasonable anticipation of litigation.” Application of that simple rule in the real world is more complicated, however, because the path to…
Judge Warns: Avoid Mechanically Produced Boilerplate Privilege Logs
By Carey Busen
Co-authored by: Karin Scholz Jenson
A recent decision from Judge Facciola of the District Court for the District of Columbia lambasted a party’s unspecific, boilerplate privilege log and directed the party to make “specific and clear claims of privilege.” See…
Judge Carter Refuses to Disqualify one of SDNY’s “Experts in E-Discovery” – Even More on Da Silva Moore
In prior posts, we’ve commented on the emerging judicial focus on the use of technology-assisted review/predictive coding as well as the twists and turns of Da Silva Moore, in which Magistrate Judge Peck permitted the use of predictive coding…
Is Social Media Discoverable? Stick to the Basics (Part III – Other Limitations on Discovery)
In addressing the discoverability of social media, we typically analyze three questions: Is social media relevant to the claims or defenses at issue in your litigation? If so, is it within your possession, custody, or control? And, finally, is there…
Advocating Cooperation and Proportionality? Study the case law!
Co-authored by: Alberto Rodriguez
In a prior post we noted that those seeking to achieve proportionality in the face of objection by an opponent, or a court’s lack of experience, should begin with the rules. The good news is…
Advocating Proportionality? Start with the Rules!
You are preparing to advocate a proportional approach to discovery in your case, including informed limits on the information that will be preserved, collected, reviewed and produced. But your opponent and the court are new to e-discovery in major litigation,…