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Category Archives: E-Discovery

Court Questions Party’s Unexplained Lack Of Cooperation In E- Discovery Production.

13 Friday Dec 2013

Posted by Celia C. Elwell, RP in Discovery, E-Discovery, Intellectual Property, Requests for Production, Trial Tips and Techniques

≈ Comments Off on Court Questions Party’s Unexplained Lack Of Cooperation In E- Discovery Production.

Tags

Algorithm, Biomet, Discovery, E-Discovery, K&L Gates, Keyword Searching, Predictive Coding, Request for Production, Sedona Conference, Seed Set, Steering Committee

Court Declines to Compel Identification of Seed Set, Encourages Cooperation, published by K&L Gates

http://tinyurl.com/leagmr6

In re: Biomet M2a Magnum Hip Implant Prods. Liab. Litig., NO. 3:12-MD-2391, 2013 WL 6405156 (N.D. Ind. Aug, 21, 2013).

Previously in this case, the court ruled that Biomet need not start again on its document production for which it utilized both keyword searching and predictive coding.  (See summary here.)  In this opinion, the court addressed the Steering Committee’s request that the discoverable documents used in Biomet’s seed set be identified and declined to compel such identification.  Despite this, the court noted Biomet’s ‘unexplained lack of cooperation’and urged Biomet to ‘re-think its refusal.’

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Teaching Metadata and ABA Metadata Ethics Opinion Chart.

07 Saturday Dec 2013

Posted by Celia C. Elwell, RP in Legal Ethics, Legal Technology, Metadata, Research

≈ Comments Off on Teaching Metadata and ABA Metadata Ethics Opinion Chart.

Tags

ABA, Ethics Opinions, Legal Research, Metadata, RIPS Law Librarian Blog, Shawn Friend

Teaching Metadata As Part Of Legal Research, by Shawn Friend, RIPS Law Librarian Blog

http://tinyurl.com/kgbsmb8

Please note the ABA Chart in the quote below. If you have trouble with the link, try:  http://tinyurl.com/4fld5lt. The chart is definitely worth a bookmark. -CCE

This issue has been around for some time. The ABA has formal ethics opinions on the release of and use of metadata. There is a compiled chart of action taken on metadata by the state bars or ethics commissions.

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Was It Appropriate to Produce Word Documents as PDF Files?

06 Friday Dec 2013

Posted by Celia C. Elwell, RP in Adobe Acrobat, E-Discovery, Federal District Court Rules, Legal Technology, Metadata, Native Format, Requests for Production, Trial Tips and Techniques, Word

≈ Comments Off on Was It Appropriate to Produce Word Documents as PDF Files?

Tags

.pdf, Bow Tie Law Blog, E-Discovery, Joshua Gilliland, Magistrate Judge William Hussmann, Microsoft Word, Native Files, Request for Production

Who Knew What When About the Form of Production, by Joshua Gilliland, Esq., Bow Tie Law Blog

http://bowtielaw.wordpress.com/2013/12/06/who-knew-what-when-about-the-form-of-production/

Magistrate Judge William Hussmann put a new spin on form of production analysis in Crissen v. Gupta: What form was discovery in and when was it in that form?

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Craig Ball Answers His Mail.

06 Friday Dec 2013

Posted by Celia C. Elwell, RP in E-Discovery, Emails, Evidence, Forensic Evidence, Legal Technology, Metadata, Trial Tips and Techniques

≈ Comments Off on Craig Ball Answers His Mail.

Tags

Ball in Your Court, Craig Ball, E-Discovery, Email, ESI, Evidence, Metadata, Native Format

Good Questions!, by Craig Ball, Ball in Your Court Blog

http://ballinyourcourt.wordpress.com/2013/12/06/good-questions/

As always, Craig Ball delivers. Great answers to e-discovery terminology and best practices. -CCE

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When You Want Fast and Cheap, Adobe Acrobat Does the Trick in a Pinch.

24 Sunday Nov 2013

Posted by Celia C. Elwell, RP in Adobe Acrobat, Databases, Discovery, E-Discovery, Emails, Evidence, Legal Technology, Pre-Trial, Trial Tips and Techniques

≈ Comments Off on When You Want Fast and Cheap, Adobe Acrobat Does the Trick in a Pinch.

Tags

Adobe Acrobat, Ball In Your Court Blog, Craig Ball, Discovery, E-Discovery, Emails

Acrobat to the Rescue: Searching Unsearchable Productions, by Craig Ball, Ball In Your Court Blog

http://tinyurl.com/paxgrfn

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Trial of Historical Patent for Common Web Encryption of SSL in East Texas.

24 Sunday Nov 2013

Posted by Celia C. Elwell, RP in E-Discovery, Evidence, Intellectual Property, Legal Technology, Patent Law, Texas Supreme Court, Trial Tips and Techniques

≈ Comments Off on Trial of Historical Patent for Common Web Encryption of SSL in East Texas.

Tags

Amazon, Dennis Crouch, East Texas, Encryption, Erich Spangenberg, Michael Jones, Newegg, Patent, Ron Rivest, SSL, TQP

Newegg on trial: Mystery company TQP rewrites the history of encryption, by Joe Mullin, Law & Disorder/Civilization & Discontents (with hat tip to Dennis Crouch’s Patently-O!)

http://tinyurl.com/

The story of Michael Jones, his mysterious invention, and the massive patent enforcer he’s working with is finally coming out at a patent trial underway in this small East Texas town.

Jones’ patent, now owned by famed patent enforcer Erich Spangenberg, has scared corporate America into writing one hefty check after another to avoid a trial just like this one. He and his lawyers say the patent covers the common web encryption scheme of SSL combined with the RC4 algorithm. The sums of those checks were revealed in court here on Tuesday when a TQP attorney displayed to the jury a spreadsheet with many of the payments.

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Court Says E-Discovery Search is “Easier Said Than Done”

17 Sunday Nov 2013

Posted by Celia C. Elwell, RP in Discovery, E-Discovery, Evidence, Federal District Court Rules, Legal Technology, Trial Tips and Techniques

≈ Comments Off on Court Says E-Discovery Search is “Easier Said Than Done”

Tags

BowTie Blog, Discovery, E-Discovery, ESI, Joshua Gilliland, Judge William Orrick

Triangulating Discovery Productions, by Joshua Gilliland, Esq., BowTie Blog

http://tinyurl.com/key6ugd

 Judge William Orrick summed up a basic truth of eDiscovery: In the age of electronically-stored information (“ESI”), production of all relevant, not privileged and reasonably accessible documents in a company’s custody and control is easier said than done. Banas v. Volcano Corp., 2013 U.S. Dist. LEXIS 144139, at *5 (N.D. Cal. Oct. 4, 2013).

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Email Preservation of Gmail Can be Tricky and Tedious, But Not Difficult.

17 Sunday Nov 2013

Posted by Celia C. Elwell, RP in Discovery, E-Discovery, Emails, Evidence, Trial Tips and Techniques

≈ Comments Off on Email Preservation of Gmail Can be Tricky and Tedious, But Not Difficult.

Tags

Ball in Your Court, Craig Ball, Discovery, E-Discovery, Evidence

Collecting Gmail for Preservation, by Craig Ball, Ball in Your Court BlogExquisite-gmail red

http://tinyurl.com/mcynpsl

As Mr. Ball points out in this excerpt below, Gmail preservation is tedious, but not difficult:

[T]hough collecting and validating the complete contents of a Gmail account can be tricky and tedious, it’s not all that difficult to do.  Happily, unless you do something really dumb, it’s unlikely that even a botched Gmail collection effort will harm the contents of the account.

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The Sedona Conference® Glossary

17 Sunday Nov 2013

Posted by Celia C. Elwell, RP in E-Discovery, Evidence, Glossaries, Legal Technology, Research, Trial Tips and Techniques

≈ Comments Off on The Sedona Conference® Glossary

Tags

Glossary, Richard Branam, The Sedona Conference

The Sedona Conference® Glossary, The Sedona Conference®  (Reproduced with permission by Richard Braman.)

http://perma.cc/0ehp3VwLK8u

The Sedona Conference® is a non-profit organization created in 1997 by Richard Braman. Although it is better known for its work and publications on e-discovery, it addresses many other areas of law. You can find a list of its publications here: https://thesedonaconference.org/publications.

The Sedona Conference® will present its Commentary on Information Governance in a webinar on December 5, 2013. Information about all upcoming events can be found at https://thesedonaconference.org/conferences.

 

 

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Where Plaintiff Knew Likelihood of Possible Litigation, Magistrate Judge Sanctions Plaintiff for Inexcusable Failure to Issue Litigation Hold.

09 Saturday Nov 2013

Posted by Celia C. Elwell, RP in Contract Law, Discovery, E-Discovery, Litigation Hold, Sanctions, Trial Tips and Techniques

≈ Comments Off on Where Plaintiff Knew Likelihood of Possible Litigation, Magistrate Judge Sanctions Plaintiff for Inexcusable Failure to Issue Litigation Hold.

Tags

2nd Circuit Court of Appeals, Discovery, E-Discovery, Legal Hold, Legal Pro Blog, Sam's Club, Sanctions

Law, Justice, Legislative, Legal force, Force ...

Plaintiff in Diaper Lawsuit Hit with Adverse Inference to Remedy Spoliation from Failure to Issue Legal Hold, by Legal Pro Blog

http://bit.ly/1hoswqk

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A Discussion of the Burdens of Preserving E-Discovery

27 Sunday Oct 2013

Posted by Celia C. Elwell, RP in Court Rules, Discovery, E-Discovery, Federal District Court Rules

≈ Comments Off on A Discussion of the Burdens of Preserving E-Discovery

Tags

Brian H. Pandya, Discovery, E-Discovery, Proposed Court Rules

E-Discovery: Relieving The Burdens Of Preservation, The Editor interviews Brian H. Pandya, Partner, Wiley Rein LLP, The Metropolitan Corporate Counsel
http://bit.ly/1c5fVG3

Please take particular note the linked articles on e-discovery at the end of the interview. CCE

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AHIMA Concerned About Proposed E-Discovery Rule Changes

27 Sunday Oct 2013

Posted by Celia C. Elwell, RP in Court Rules, Discovery, E-Discovery, Health Law

≈ Comments Off on AHIMA Concerned About Proposed E-Discovery Rule Changes

Tags

AHIMA, Discovery, E-Discovery, Health Law, Proposed Court Rules

AHIMA Comments on Proposed Changes to Federal E-Discovery Rules,iHealthBeat
http://bit.ly/1aO1nVV

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Ralph Losey’s Simplified Version of the Proposed Federal E-Discovery Rules Changes

27 Sunday Oct 2013

Posted by Celia C. Elwell, RP in Court Rules, Discovery, E-Discovery, Federal District Court Rules

≈ Comments Off on Ralph Losey’s Simplified Version of the Proposed Federal E-Discovery Rules Changes

Tags

E-Discovery, Evidence, Proposed Federal Rules, Ralph Losey

Proposed Rules, by Ralph Losey, e-Discovery Team ®
http://e-discoveryteam.com/proposed/

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Spring 2013 Case Law Update on E-Discovery Self-Collection – When It’s Okay, When It’s Not, and the Potential Risks

27 Sunday Oct 2013

Posted by Celia C. Elwell, RP in Court Rules, Court Rules, Databases, Discovery, E-Discovery, Evidence, Federal District Court Rules, Legal Technology, Sanctions

≈ Comments Off on Spring 2013 Case Law Update on E-Discovery Self-Collection – When It’s Okay, When It’s Not, and the Potential Risks

Tags

Case Law, E-Discovery, Emails, Evidence, Sanctions, Spoliation

Self-Collection: The Good, The Bad and The Ugly, by Tony Merlino, DTI
http://dtiglobal.com/resources/articles/spring-2013-case-law-update/

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Proposed Federal Rules Narrow Discovery and Spur Cooperation Between the Parties

24 Thursday Oct 2013

Posted by Celia C. Elwell, RP in Court Rules, Discovery, E-Discovery, Evidence, Requests for Production, Trial Tips and Techniques

≈ Comments Off on Proposed Federal Rules Narrow Discovery and Spur Cooperation Between the Parties

Tags

Discovery, Duke Rules, E-Discovery, Federal Rules of Civil Procedure

The Duke Rules Ahead: Part 1 Rule Amendments Will Narrow Discovery and Spur Cooperation, by James Kurz, EDVAUpdate, Redmon, Peyton & Braswell, LLP
http://bit.ly/1c1gVH4

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E-Discovery and the Zamundan Royal Bottom Wipers

20 Sunday Oct 2013

Posted by Celia C. Elwell, RP in Discovery, E-Discovery

≈ Comments Off on E-Discovery and the Zamundan Royal Bottom Wipers

Tags

Ball in Your Court, Craig Ball, Discovery, E-Discovery

craigball's avatarBall in your Court

toilet paper moneyI’m on a crusade to underscore the need for lawyer competence in that crucial “e” that precedes “e-discovery.”  It’s no longer enough to understand the law in isolation; today’s lawyer must understand some fundamentals of information technology and electronic evidence.  My efforts often prove quixotic, as everywhere I’m met with the attitude that electronic discovery isn’t a lawyer’s concern:  “It’s something you hire people to do,” they say.

Certainly, we must hire people to do things we cannot possibly do.  But I contend that we hire people to do many things we could learn to do ourselves, and do economically.  Remember Eddie Murphy’s royal backside wipers in Coming to America? All it takes is money to burn; and if it’s someone else’s money, who really cares?

But at what point do lawyers outsource themselves into superfluity?  Clients can hire vendors.  Bigger clients can and should bring much of…

View original post 1,024 more words

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A Better Way to Request E-Discovery in Requests for Production

19 Saturday Oct 2013

Posted by Celia C. Elwell, RP in Databases, Discovery, E-Discovery, Metadata, Requests for Production

≈ Comments Off on A Better Way to Request E-Discovery in Requests for Production

Tags

Craig Ball, Databases, Discovery, E-Discovery, ESI, Metadata, Requests for Production

Can We Craft Discovery as Up-to-Date as the Evidence?, by Craig Ball, Ball in Your Court
http://bit.ly/14IZFAz

(Please note the reference to Craig Ball’s article entitled, The Streetlight Effect in E-Discovery, at p. 252 of this collection of articles.)

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