James A. Sherer

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Key COVID-19 Considerations for U.S. Discovery and Information Governance

By Gilbert S. Keteltas and James A. Sherer on May 21, 2020 Posted in Information Governance

Many businesses have remote work and bring-your-own-device policies that cover access to company systems and information from personal devices. These policies may also state expectations or requirements for the management and security of company information. But these policies likely do not account for the rapid transition to virtual offices and remote work hastened by the … Continue Reading

What Judges are really saying about Technology Assisted Review

By James A. Sherer, David Choi and Csilla Boga-Lofaro on April 6, 2018 Posted in E-Discovery

Since the first judicial opinion endorsing the use of Technology Assisted Review (or TAR) was written by Judge Andrew J. Peck in 2012, an entire legal industry has grown up on the premise of streamlining the document review process in discovery – that is, taking a repetitive task traditionally performed entirely by attorneys and introducing … Continue Reading

Perfection Not Required in Technology Assisted Review, but Transparency Might Be

By Nichole Sterling and James A. Sherer on February 5, 2018 Posted in E-Discovery Rules, LegalTech, TAR

A recent discovery order in a Southern District of New York public housing lottery discrimination case supported the use of technology assisted review (TAR) but required additional transparency, providing another view into how judges will consider the use of advanced analytics in litigation. In Winfield v. City of New York, Magistrate Judge Katharine H. Parker … Continue Reading

E-Discovery Standards and the 26(g) Signature That Drives the Market

By James A. Sherer on July 10, 2017 Posted in E-Discovery Rules

We begin with three quick questions: 1. Which legal practice has created and fueled a multibillion-dollar support industry? 2. Which legal practice employs incomprehensible acronyms that require a glossary apart from Black’s Law Dictionary? 3. Which legal practice motivates debates between non-lawyer computer scientists and academics? If you guessed e-discovery (perhaps because you’re reading an … Continue Reading

It Lurks in the Last Place You Look – Preventing (or at Least Mitigating) Employee Data Leakage

By James A. Sherer on May 3, 2017 Posted in Information Governance

Outside hacking attacks grab headlines. Data breach concerns cause sleepless nights within the C-suite of many organizations. And ransomware strikes fear into companies without sound backup practices and true Information Governance programs. But a different (and sometimes more sinister) problem often goes undetected within the four walls of those same organizations’ firewalls and barriers to … Continue Reading

Conclusion: Your First Five Questions (times four): A Practical Guide to the Amended Federal Rules of Civil Procedure – Are you Ready?

By Karin Scholz Jenson, Gary Levin, Robert J. Tucker, James A. Sherer and Jonathan A. Forman on November 30, 2015 Posted in E-Discovery Advocacy and Management, E-Discovery Rules, Your First Five Questions

The current amended Federal Rules of Civil Procedure—and, in particular, those that address the practice of civil discovery—are the product of five years of development, debate, and, of course, dialogue. Now that the Rules are set to be implemented on December 1, 2015 – and they apply to pending cases where “just and practicable” — … Continue Reading

Day 4: Your First Five Questions (times four): A Practical Guide to the Amended Federal Rules of Civil Procedure – Rule 34 Objections

By Karin Scholz Jenson, Gary Levin, Robert J. Tucker, James A. Sherer and Jonathan A. Forman on November 25, 2015 Posted in E-Discovery Advocacy and Management, E-Discovery Rules, Your First Five Questions

Day 3: Your First Five Questions (times four): A Practical Guide to the Amended Federal Rules of Civil Procedure – Preservation

By Karin Scholz Jenson, Gary Levin, Robert J. Tucker, James A. Sherer and Jonathan A. Forman on November 24, 2015 Posted in E-Discovery Advocacy and Management, E-Discovery Rules, Preservation, Your First Five Questions

Day 2: Your First Five Questions (times four): A Practical Guide to the Amended Federal Rules of Civil Procedure – Early Case Assessment

By Karin Scholz Jenson, Gary Levin, Robert J. Tucker, James A. Sherer and Jonathan A. Forman on November 23, 2015 Posted in E-Discovery Advocacy and Management, E-Discovery Rules, Your First Five Questions

Day 1: Your First Five Questions (times four): A Practical Guide to the Amended Federal Rules of Civil Procedure – Proportionality

By Karin Scholz Jenson, Gary Levin, Robert J. Tucker, James A. Sherer and Jonathan A. Forman on November 20, 2015 Posted in E-Discovery Advocacy and Management, E-Discovery Rules, Your First Five Questions

Developing or Enhancing “Bring Your Own Device” Programs – Your First Five Questions . . .

By James A. Sherer and Melinda L. McLellan on August 5, 2015 Posted in Employment, Information Governance, Privacy, Your First Five Questions

This is the second blog post in Discovery Advocate’s new series, “Your First Five Questions,” in which we identify a question commonly (or sometimes not so commonly) seen in practice followed by the first five questions you might ask and why. Have a scenario you’d like us to address? Contact us. Your client, a multinational whose … Continue Reading

Bring Your Own Device (Everywhere): Legal and Practical Considerations for International BYOD Programs

By Melinda L. McLellan and James A. Sherer on March 30, 2015 Posted in Employment, Information Governance, Privacy

The cross-use of mobile devices for personal and professional purposes, commonly referred to as “Bring Your Own Device” or “BYOD”, is a relatively recent phenomenon that has created a host of legal and practical challenges for organizations of all sizes. Implementing a BYOD program is especially complex for companies that have employees who regularly travel … Continue Reading

From Sedona to Georgetown to New York—What’s Fashionable in eDiscovery This Year?

By James A. Sherer and Karin Scholz Jenson on December 10, 2014 Posted in E-Discovery Advocacy and Management, E-Discovery Rules, LegalTech, TAR, The Sedona Conference

It’s that time of year, when bench, bar, vendors, and clients think big eDiscovery thoughts. They go to The Sedona Conference (which is not in Sedona), Georgetown Law’s Advanced eDiscovery Institute (which is not at Georgetown Law—but close!), and in a few short months, LegalTech New York (which, bucking the trend, is in New York). … Continue Reading

Are You Facing the Prospect of a Merger Investigation?

By Jonathan Lewis, Gilbert S. Keteltas, Karin Scholz Jenson and James A. Sherer on May 12, 2014 Posted in TAR

Editor’s Note: This blog post is joint submission with BakerHostetler’s Antitrust Advocate blog. If your organization is facing the prospect of a merger investigation and your lawyers haven’t raised the prospect of technology-assisted document review (“TAR”), then maybe you should be talking with someone else. What is TAR? TAR, a relatively new entrant into the … Continue Reading

What? The Rules Committee Hearings Don’t Have A Hashtag?

By Karin Scholz Jenson, James A. Sherer and Jonathan A. Forman on February 7, 2014 Posted in E-Discovery Advocacy and Management, E-Discovery Vendor, Information Governance, LegalTech, Uncategorized

This post is a joint submission with BakerHostetler Data Privacy Monitor blog. On a snowy Sixth Avenue this week, thousands of people packed the New York Hilton Midtown for the sensory overload that is LegalTech New York (#LTNY), the annual E-Discovery, privacy, and information governance bash. And today, just hours after the massive conference closed, … Continue Reading

Information Governance – The importance of putting your data house in order

By Judy Selby and James A. Sherer on February 5, 2014 Posted in Information Governance, Privacy

This blog post is a joint submission with BakerHostetler’s Data Privacy Monitor blog. Information is the lifeblood of businesses today. As the volume of data continues to grow exponentially, intelligent governance of information is essential for enterprises to survive and thrive. Data security concerns, privacy, compliance requirements and the costs of ediscovery all militate toward implementation … Continue Reading

E-Discovery in 2013 – Waiting for Godot, Closing Kimonos, and Your World Doesn’t Just Seem Bigger

By James A. Sherer, Gilbert S. Keteltas and Karin Scholz Jenson on December 31, 2013 Posted in E-Discovery Advocacy and Management, E-Discovery Rules, Privacy

In some respects, 2013 seemed like a conversation between Vladimir and Estragon. Some commentators likened it to a simple, unified message that finally had E-Discovery practitioners, litigators in general, and affected clients speaking the same language; others feared that a continuation of the status quo meant simply that another year had passed without addressing the … Continue Reading

Something Wicked This Way Comes – Dark and Dusty Data and the Risk Your Organization Already Owns

By James A. Sherer on December 16, 2013 Posted in E-Discovery Rules, Ethics

This blog post is a joint submission with BakerHostetler’s Data Privacy Monitor blog. During the final panel of Thomson Reuters’ 17th Annual eDiscovery & Information Governance in Practice Forum, Thomas Barnett, Ignatius Grande, and Sandra Rampersaud led a lively discussion on Managing Big Data, Dark Data, and Risk. And while the exchange incorporated Information Governance 101 principles … Continue Reading