Many attorneys approach handling electronic discovery in exactly the same way they have handled paper discovery in the past. The Rules of Civil Procedure in Florida apply the same to paper and digital as far as discoverability and other issues, the mechanics of production have changed and lawyers must pay […]
Category: Commercial Litigation
The short answer is, it depends. Like it or not, we live in an age of “1’s and 0’s” and this digitization has made the creation of documents easier and the storage of those same documents easier and cheaper. I remember during the paper days trying to find space to […]
In the case relating to the Biomet Hip Implant Litigation (In Re Biomet M2a Magnum Hip Implant ProductsLiability Litigation). The case involves over 19 million documents and is a great example for why plaintiffs must get involved early in document discovery. The defendants applied a combination of keyword searches and […]
Next in our Electronically Stored Information (ESI) series I had planned to discuss the collection, review and culling of ESI. I changed my mind after reading a few articles and recently decided cases that discussed some crazy myths and fables about ESI and e-discovery. Let’s talk about myths, legends and […]
We have now written about the general environment of e-discovery and some of the rules surrounding e-discovery and electronically stored information (ESI). Now, let’s talk a little about document/data location (search) and collection. First, know that collecting (search) document and data evidence has completely different perspectives depending on whether you […]
When might a legal case involve extensive discovery, including electronic discovery (e-discovery)? Suppose you sue a corporation and want to obtain documents/data (Request to Produce), information from the corporation itself (Interrogatories) and information from employees of the corporation (depositions). What might the subject matter of the lawsuit involve: Breach of […]
A lawsuit is filed…and that is often when the real work begins for all the parties involved. In some cases, neither the plaintiff nor the defendant has all the proof; documents, data and other types of evidence; they need to fully prove their respective cases. So, each party is allowed […]
Is the phrase, a government “of the people, by the people, for the people” in the constitution? Popular belief is yes, but it is not actually in the constitution. Rather, this phrase comes from President Abraham Lincoln’s Gettysburg address. It is probably a concept that should have been incorporated into […]
News of the bridge collapse in Minneapolis and the mine failures in Utah are just the most recent reminders that issues of safety and accountability affect us all. Corporations with a profit motive have often and consistently acted like those profits were more important than the lives of the people […]
It has been done in Mississippi, Florida, and in New Brunswick, Canada. Governmental bodies have finally realized that if they have a cause of action, involving complex litigation, why pay exorbitant hourly fees? Instead, why not hire plaintiff oriented firms who are skilled in working under contingent fee arrangements? Why […]