Tag Archives: e-discovery

Adapting E-Discovery Workflows to a Remote Work Environment

By Edward J. Jacobs, May Tal Gongolevsky, Victoria Rutherfurd and Joshua Satter on May 21, 2020 Posted in E-Discovery

As courts and litigants adapt to the new normal by instituting social distancing measures through remote hearings and depositions, how we preserve, collect and produce documents should not be an afterthought. While the practice of e-discovery may already be well suited to remote work given the advanced evolution of technologies available to address challenges, below … Continue Reading

E-Discovery and Cryptocurrencies – What you need to know

By Nkosi Shields and Ryan Walton on February 8, 2018 Posted in Cryptocurrency

Does bitcoin keep appearing in your news feed? As cryptocurrencies become adopted and accepted by mainstream vendors and consumers, it’s a good idea for attorneys to think about the potential litigation and eDiscovery challenges ahead. While U.S.-based cryptocurrency exchanges are subject to Bank Secrecy laws and anti-money laundering provisions, regulation and enforcement still lag, leaving … Continue Reading

Preparing for the December 2015 Changes to the Federal Rules of Civil Procedure

By BakerHostetler on May 19, 2015 Posted in E-Discovery Advocacy and Management, E-Discovery Rules

The package of changes to the Federal Rules of Civil Procedure presents a powerful opportunity to cut litigation discovery costs, risks and burdens – particularly for skilled legal advocates and businesses that are prepared. And, although the changes are not expected to take effect until December 1, 2015, some courts are already looking to them … Continue Reading

James Sherer Discusses Cross-border Bring Your Own Device (“BYOD”) eDiscovery and Data Privacy Issues

By BakerHostetler on April 7, 2015 Posted in E-Discovery Rules, Privacy

Counsel James Sherer, co-leader of BakerHostetler’s Information Governance team, sat down with Kroll Ontrack’s Michele Lange and Eric Robinson for a Legal Talk Network ESI Report on 2015 Trade Shows and Trends in E-Discovery. Sherer discussed trends associated with cross-border Bring Your Own Device (“BYOD”), related data privacy and eDiscovery considerations, and the upcoming amendments … 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

Gil Keteltas Discusses E-Discovery in Q&A for Recommind Blog Article

By BakerHostetler on July 22, 2014 Posted in E-Discovery Rules, E-Discovery Vendor, Predictive Coding

Partner Gil Keteltas, co-editor of BakerHostetler’s Discovery Advocate blog, participated in a question-and-answer session with Senior Discovery Counsel for Recommind, Inc., Philip Favro. Keteltas’ responses appeared in a July 22, 2014, blog post on Recommind.com and addressed topics including FCRP Rule 26, proposed amendments to FCRP, predictive coding, and e-discovery challenges facing companies in 2014. Read … 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

Your Request for Spoliation Sanctions Could Get You Sanctioned

By Jonathan A. Forman on October 10, 2013 Posted in E-Discovery Rules, Spoliation

We like our litigation to be decided on the merits. Sanctions motions based on unsupported claims of spoliation create expensive sideshows that distract from the merits. And sometimes — although perhaps not frequently enough — baseless and abusive motions are punished. Recently, in Smith v. Westchester County Dept. of Corrections, No. 07-CIV-1803 (SDNY), Judge Shira A. Scheindlin … Continue Reading

Judge Carter Refuses to Disqualify one of SDNY’s “Experts in E-Discovery” – Even More on Da Silva Moore

By Gilbert S. Keteltas on November 8, 2012 Posted in Predictive Coding

In prior posts, we’ve commented on the emerging judicial focus on the use of technology-assisted review/predictive coding as well as the twists and turns of Da Silva Moore, in which Magistrate Judge Peck permitted the use of predictive coding in a groundbreaking decision, only to have plaintiffs seek his recusal on the purported ground that … Continue Reading