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 […]
We live in a baby-boomer nation. Now, those post-World War II folks are turning 70-something and soon will need nursing homes. The nursing-home industry not only recognizes the changing of the tides taking place but also is capitalizing on it. It knows big business lies ahead. The American Association for […]
Margaret Jane Radin, author of Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law, is of the point of view that the American court system is “allowing contract to gobble up tort.” In other words, the 37-year law professor believes forced arbitration is evil. Forced arbitration lurks in […]
A cadre of corporations whose profit margins outweigh product safety have found a loophole in the litigation process: sealed settlement agreements. Such agreements are legal, as there is no law prohibiting them, and often left up to the discretion of the courts. Consumer advocates have a problem with that. The […]
Florida is sunny and a great place to live or work; but we can be a little slow to except new things. Florida Rules of Civil Procedure were amended a couple of years ago to include at least the mention of electronic discovery. Sadly, the changes did not treat ESI […]
I attended LegalTech 2015 this year in New York. It was a great seminar and another well done project by ALM. One wrinkle, though. Lawyers, vendors and even judges continue to want to shove predictive coding down everyone’s throat. Not “technology assisted review (TAR)”, but specifically predictive coding. With the […]
Internet trolling best can be described as an adult version of cyberbullying. The practice employs posting curt comments, rude remarks and sarcastic snippets on others’ professional blog, social-media and Web sites. In many cases, Internet trolls don’t bother to hide their identities and publish their statements along with their names. […]
