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E-Discovery Production — Snow storms are avoidable

06/23/2017
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Who is to blame for a “document dump” – a “snow storm” – an obfuscation of information? Sometimes its intentional and sometimes it is not. Everyone – both plaintiff and defendant; both teams of lawyers. Requesters are imprecise and can be over reaching. Producers are often inflexible and unreasonable. What […]

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Testing for Junk Science in the Discovery Process

04/4/2016
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What is the “Daubert” standard supposed to test? Daubert v Merrill Dow Pharmaceuticals, 509 US 579 (1993). Daubert and the Federal Rule of Evidence 702 are intended to allow the court to act as a gatekeeper in keeping “junk science” away from jurors. The theory, I suppose, is that jurors […]

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Nothing Innocent or Harmless About Redactions In Discovery

08/12/2015
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Redaction can be a wonderful tool. It allows for the removal, or at least obscuring, of legitimately objectionable material within a document without excluding the entire document. Redaction tools might be one of the most abused, misused, and dangerous tools delivered to lawyers in sometime. Every corporate defendant in most […]

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10 Ways to tell a lawyer knows nothing about eDiscovery

04/29/2014
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10.     Thinks a “legal hold” is a marriage license. 9.       Thinks a megabyte is a sandwich served at McDonalds; a gigabyte is a double with cheese. 8.       Thinks proportionality involves yearly shareholder bonuses. 7.       Thinks email is not useful for discovery. 6.       Thinks metadata is the most useful area of […]

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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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