Tag Archives: electronically stored information

Cost Shifting Ordered Due to Inadequate Meet and Confer

Photo of Nichole SterlingBy Nichole Sterling on Posted in ESI
Discovery is not about gamesmanship, and parties are expected to engage in meaningful negotiation about the terms of discovery agreements. That is the message from Judge A. Kathleen Tomlinson of the Eastern District of New York, who recently ordered cost shifting when parties failed to meaningfully meet and confer about their electronically stored information (ESI) … Continue Reading

Karin Scholz Jenson Discusses E-Discovery in Q&A for Recommind Blog Article

Photo of BakerHostetlerBy BakerHostetler on Posted in E-Discovery Advocacy and Management
Partner Karin Scholz Jenson, national leader of BakerHostetler’s E-Discovery Advocacy and Management team, participated in a question-and-answer session with Senior Discovery Counsel for Recommind, Inc., Philip Favro. Jenson’s responses appeared in a March 17, 2015, blog post on Recommind.com and addressed topics including predictive coding, FRCP amendments, the effects of mobile devices on ESI preservation … Continue Reading

A plea to LegalTech vendors and panelists talking technology-assisted review!

Photo of Gilbert S. KeteltasBy Gilbert S. Keteltas on Posted in E-Discovery Advocacy and Management, TAR
LegalTech New York is right around the corner.  And, much like the recent Georgetown Advanced Ediscovery Institute, there will be no shortage of discussion about predictive coding/technology-assisted review (“TAR”).  The agenda includes fourteen program descriptions that directly reference TAR and another eight that clearly suggest TAR will be a major topic.  As a user, student … Continue Reading

Is Social Media Discoverable? Stick to the Basics (Part III – Other Limitations on Discovery)

By Jennifer Walrath on Posted in Social Media
In addressing the discoverability of social media, we typically analyze three questions:  Is social media relevant to the claims or defenses at issue in your litigation?  If so, is it within your possession, custody, or control?  And, finally, is there anything else that may preclude or limit discovery of social media content? In two previous … Continue Reading

Advocating Proportionality? Start with the Rules!

Photo of Gilbert S. KeteltasBy Gilbert S. Keteltas on Posted in Proportionality
You are preparing to advocate a proportional approach to discovery in your case, including informed limits on the information that will be preserved, collected, reviewed and produced.  But your opponent and the court are new to e-discovery in major litigation, and your opponent has resisted a meaningful early discussion of the myriad issues “that deserve … Continue Reading
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