Karin Scholz Jenson

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Congratulations! Now what?

By Karin Scholz Jenson on Posted in E-Discovery Advocacy and Management, E-Discovery Rules
Twitter is abuzz with messages about today’s effective date for the changes to the Federal Rules of Civil Procedure that read more like birth announcements (“It’s finally here!”). But figuring out what to do once you get that baby home is another matter – despite having a long time to prepare. Moreover, while there is … Continue Reading

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

Photo of Gary LevinPhoto of Robert J. TuckerPhoto of James A. ShererPhoto of Jonathan A. FormanBy Karin Scholz Jenson, Gary Levin, Robert J. Tucker, James A. Sherer and Jonathan A. Forman on 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

Photo of Gary LevinPhoto of Robert J. TuckerPhoto of James A. ShererPhoto of Jonathan A. FormanBy Karin Scholz Jenson, Gary Levin, Robert J. Tucker, James A. Sherer and Jonathan A. Forman on 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 3: Your First Five Questions (times four): A Practical Guide to the Amended Federal Rules of Civil Procedure – Preservation

Photo of Gary LevinPhoto of Robert J. TuckerPhoto of James A. ShererPhoto of Jonathan A. FormanBy Karin Scholz Jenson, Gary Levin, Robert J. Tucker, James A. Sherer and Jonathan A. Forman on Posted in E-Discovery Advocacy and Management, E-Discovery Rules, Preservation, 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 2: Your First Five Questions (times four): A Practical Guide to the Amended Federal Rules of Civil Procedure – Early Case Assessment

Photo of Gary LevinPhoto of Robert J. TuckerPhoto of James A. ShererPhoto of Jonathan A. FormanBy Karin Scholz Jenson, Gary Levin, Robert J. Tucker, James A. Sherer and Jonathan A. Forman on 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 1: Your First Five Questions (times four): A Practical Guide to the Amended Federal Rules of Civil Procedure – Proportionality

Photo of Gary LevinPhoto of Robert J. TuckerPhoto of James A. ShererPhoto of Jonathan A. FormanBy Karin Scholz Jenson, Gary Levin, Robert J. Tucker, James A. Sherer and Jonathan A. Forman on 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

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

Photo of James A. ShererBy James A. Sherer and Karin Scholz Jenson on 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?

Photo of Gilbert S. KeteltasPhoto of James A. ShererBy Jonathan Lewis, Gilbert S. Keteltas, Karin Scholz Jenson and James A. Sherer on 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?

Photo of James A. ShererPhoto of Jonathan A. FormanBy Karin Scholz Jenson, James A. Sherer and Jonathan A. Forman on 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

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

Photo of James A. ShererPhoto of Gilbert S. KeteltasBy James A. Sherer, Gilbert S. Keteltas and Karin Scholz Jenson on 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

Highest Bidder Loses Spoliation Fight in Auction House Data Breach

By Karin Scholz Jenson on Posted in Proportionality
This blog post is a joint submission with BakerHostetler’s Data Privacy Monitor blog. Co-authored by: Ganesh Krishna A recent case out of the Northern District of Ohio is an unsung victory for proportionality in that the Court twice declined to sanction a plaintiff’s “failure” to forensically image computers where computer logs showing the relevant evidence … Continue Reading

Twitter v. Manhattan DA Fight Unfortunately Ends with a Whimper

By Karin Scholz Jenson on Posted in Social Media
This blog post is a joint submission with BakerHostetler’s Data Privacy Monitor blog. Authored by: Fernando Bohorquez Last Friday, Twitter’s battle with the Manhattan District Attorney over a subpoena for an Occupy Wall Street protester’s tweets came to an anti-climactic end as the New York appeals court dismissed Twitter’s appeal of a Manhattan Criminal Court’s order to produce … Continue Reading

Proportionality and Predictive Coding: A Hip Combination

By Karin Scholz Jenson on Posted in Predictive Coding, Proportionality
Ok, excuse that bad joke. But the recent decision in In re: Biomet, the hip replacement multi-district litigation out of the Northern District of Indiana, is noteworthy because it discusses proportionality and predictive coding in the same space. The mere fact that predictive coding is an available tool doesn’t mean that it should be applied … Continue Reading

Letterman: Take the “e” out of eDiscovery!

Photo of Gilbert S. KeteltasBy Gilbert S. Keteltas and Karin Scholz Jenson on Posted in E-Discovery Advocacy and Management, LegalTech
Those of a certain age may recall the television show The Electric Company’s leading superhero, Letterman.  He could resolve nearly any crisis by deleting, adding, or changing a letter, all while grooving to funky 70s’ music.  Maybe that’s how we ended up with “eDiscovery.” Troubled by the legal profession’s lack of attention to electronically stored … Continue Reading

Proposed Privacy Law Amendments: Senate Judiciary Committee Fails to Take Up ECPA and VPPA Amendments

By Karin Scholz Jenson on Posted in E-Discovery Rules
Authored by: Erica Gann Kitaev Editor’s Note: This post is a joint submission to BakerHostetler’s Data Privacy Monitor. The Senate Judiciary Committee was slated on Thursday to take up long overdue revisions to the Electronic Communications Protection Act (“ECPA”) and the Video Privacy Protection Act (“VPPA”), but the issue was held over by the committee. Chairman of … Continue Reading

Is “double-deletion” of e-mail evidence of conspiracy, spoliation, or legitimate activity?

By Karin Scholz Jenson on Posted in Antitrust, The Sedona Conference
The recent e-book price fixing lawsuit brought by the U.S. Department of Justice against Apple and individual book publishers includes allegations that the publishers recognized the “illicit nature” of their communications because they “took steps to conceal their communications with one another, including instructions to ‘double delete’ email…” Conspiracy allegations aside, DOJ’s cloak-and-dagger allegations belie … Continue Reading
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