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Category: Law Technology

Three Card Monte and E-Discovery: Ask the custodians

09/7/2017
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“But, your honor, we conducted a search and collection from all sources we deemed appropriate and where we believed responsive and relevant information was located…I mean, honest judge.” In effect that is the response form a party being questioned about the extent and sufficiency of their discovery collection efforts. Is […]

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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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E-Discovery — Setting standards, not cover

12/8/2016
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The Sedona Conference has a slogan: “Moving the law forward in a reasoned and just way”. That slogan is exactly the way I have described this impressive organization and what do. The Sedona Conference regularly drafts and disseminates commentary articles on various areas of the law and the practice of litigation. I […]

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Breaches of Mobile-Banking Apps — What can you do?

10/10/2016
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American banks maintain many levels of protection against fraud. Institutions accurately and quickly can detect suspicious account activity, credit-card charges and funds transfers. But it seems the sophisticated software used to counter such crimes is not enough. Hackers have found a way to plunder one’s finances through those highly touted […]

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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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