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Category: Commercial Litigation

Trust But Verify — What E-discovery should be

03/5/2015
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If you ask an opposing party about the details of their document collection; the custodians interviewed; the keywords searched; or the culling approaches used; you are likely to get one response, a quickly erected brick wall. In Cooperation and Litigation: Thoughts on the American Experience (2013), Richard Marcus writes: “I […]

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Converse Catastrophe: Chuck Taylor All Star Doppelgangers

11/19/2014
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Admit it, how many of us covet Converse, that classic American sneaker with a studly sense of style? Teenagers across the country aspired to own a pair of stitched-canvas, thick-laced, rubber-sole shoes synonymous with the greasers of the 1950s, nonconformists of the 1960s and hipsters of the 1970s. They were […]

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Digital Preservation, Document Shredding and Corporate Whining

02/28/2014
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Today, the discovery of information in most litigation involves large amounts of digital documents and data. Corporate counsel goes through a painful hand wringing ritual every time they think about data preservation versus spoliation versus data destruction. You can hear the pain flow down from the corporate inner wards every […]

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