01 Friday Dec 2017
Posted in Admissibility, Discovery, Document Coding, E-Discovery, Evidence, Federal Rules of Evidence, Rule 803 Exception, Rule 902
≈ Comments Off on eDiscovery Day Has Arrived.
Everlaw Guest Post: When Has a Producing Party Completed Document Review? by Josh Gilliland, Bow Tie Law
On November 24, 2017, I posted a reminder of this federal evidence rule change that became effective today, December 1st, or as Josh calls it, “eDiscovery Day.” Josh Gilliland’s post and webpage covers the changes in more depth, and are worth a bookmark for future reference. Don’t overlook the tweets on the right-hand side of the page. -CCE
09 Wednesday Sep 2015
Posted in At-Will Employment, Contract Law, Employment Contracts, Employment Law, Overtime, Overtime Exemption
≈ Comments Off on Will New DOL Rules Create Overtime Pay for Contract Lawyers?
Tags
Contract Attorneys, Department of Labor, Document Review, Fair Labor Standards Act, Overtime Exemption
Feds Could Change OT Pay Rules for Attorneys, by Gabe Friedman, Big Law Business, Bloomberg BNA (with hat tip to William P. Statsky!)
https://bol.bna.com/feds-could-change-ot-pay-rules-for-attorneys/
Dozens of contract attorneys voiced concerns about the health of their profession in letters and comments sent to the U.S. Department of Labor during the past two months as the federal agency weighs a change to overtime pay rules.
The DOL is considering its first revisions since 2004 to the Fair Labor Standards Act section 13(a)(1), which, as currently written, creates an overtime exemption for licensed attorneys, as well as other professionals. A comment period closed on Friday. Specifically, the DOL is contemplating whether to change which primary job duties trigger an exemption and whether to increase the standard salary threshold that triggers an exemption, currently set at $455 per week. It is also considering whether to create a mechanism to automatically increase this amount over time.
Taken together, the letters paint a picture of the contract attorneys, who review documents as part of the discovery phase of litigation, as a struggling group whose wages have fallen in recent years, particularly after the recession as the market for legal services has slumped. . . .
13 Sunday Jul 2014
Posted in Discovery, Document Review, E-Discovery, Litigation, Privilege Log
≈ Comments Off on New York’s New Privilege Log Rule.
Tags
Complex Litigation, Discovery, Document Review, E-Discovery, New York, New York Commercial Litigation Insider Blog, Privilege Log, Suevon Lee
Rule Limiting Privilege Log Practice to Take Effect, by Suevon Lee, New York Commercial Litigation Insider Blog
In an age of exploding electronic discovery that has multiplied the cost and scope of document review, litigants in New York’s Commercial Division will soon have the benefit of revised privilege log practice.
Starting September 2, new Rule 11-b, signed Tuesday by Chief Administrative Judge Gail Prudenti, will instruct parties to meet at the outset of the case and afterward to discuss the scope and parameters of privilege review. It also will strongly encourage using categorized designations for documents as opposed to itemized listings to help streamline the process.
Parties who resist the categorized approach may be subject to attorney fees upon a showing of good cause by the other side or a protective order from the judge.
Modeled after guidelines set forth in such jurisdictions as the Southern District of New York and Delaware Court of Chancery, the rule offers ‘a meaningful way for courts and parties to assess the assertion of privilege,’ said David H. Tennant, a partner at Nixon Peabody, who co-drafted the language with Jonathan Lupkin, of Rakower Lupkin. They are members of an advisory group charged with proposing changes to Commercial Division practice to offer a more efficient and cost-effective forum for litigants and their business clients. . . .
15 Tuesday Apr 2014
Tags
California State Bar, Cogent Legal Blog, Document Production, Document Review, Law Practice Management and Technology Section, Michael Kelleher, Trial, Trial Tips & Technology
5 Tech Tips for Document Review, Production and Use at Trial, by Michael Kelleher, Cogent Legal Blog
Mr. Kelleher not only shares the technology tips from his recent webinar, but is kind enough to offer his e-mail address and telephone number should you have any questions. Nice guy! -CCE
On Wednesday, April 9, I gave a webinar on technology tips for document review, production and use at trial for the Law Practice Management and Technology Section of the California State Bar. We’re going to be posting a few of the tips on the blog if you missed the webinar. You can also download a PDF of the slide deck with all 25 tech tips here. I hope that these tips save you some time. Email me (michael.kelleher@cogentlegal.com) or give me a call at 510-350-7616 if you have questions about this or any other aspect of litigation technology. . . .
16 Sunday Mar 2014
Posted in Discovery, Document Review, E-Discovery, Employment Law, Fair Labor Standards Act, Overtime
≈ Comments Off on Does Document Review Qualify As The Practice of Law?
Tags
Contract Attorneys, Discovery, Document Review, Matthew Green, Overtime, Practice of Law, Skadden Arps/Tower Legal, The Posse List Bog
The Contract Attorney Overtime Case Against Skadden, Arps/Tower Legal Has A New Twist, posted by mrposse, The Posse List Bog
This is a legal question that has not yet been completely resolved. As noted in the post, bar examiners have stated that document review is not the practice of law. Contract attorneys who often perform this work want to know whether it qualifies for overtime. This will be one to watch. -CCE
