Tag Archives: ESI

eDiscovery and Technology

Photo of Nkosi ShieldsPhoto of Karen DeSouzaBy Nkosi Shields and Karen DeSouza on Posted in E-Discovery
Should All States Require Continuing Technology Education (CTE)? For more than five years we have discussed the need for attorney competence in technology, especially as related to discovery in posts like this one and this one. As Electronically Stored Information (ESI) continues to grow, it is critical for all attorneys to understand ESI and evolving … Continue Reading

It’s the End of Authentication (of ESI) as We Know It

Photo of Carey BusenBy Carey Busen on Posted in ESI
Amendments to Federal Rules of Evidence 803 and 902 will become effective on Dec. 1 and will “govern in all proceedings thereafter commenced and, insofar as just, all proceedings then pending.” We previously analyzed the changes to the hearsay exception for ancient documents (FRE 803(16)), and here focus on amendments concerning the self-authentication of evidence … Continue Reading

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

Advocacy in E-Discovery More Important Than Ever

Photo of Edward J. JacobsPhoto of David ChoiBy Edward J. Jacobs and David Choi on Posted in E-Discovery Advocacy and Management
In this day and age, advocacy starts with competence in ESI issues. An effective advocate must be able to assess e-discovery needs and issues, implement appropriate preservation procedures, advise clients on options for storage and preservation, understand the client’s ESI systems and storage, and handle the management, review and production of ESI in litigation. But … 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

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

Nothing Goes Better with Race Tires than . . . Wine?! – Fourth Circuit Limits Taxable eDiscovery Costs

Photo of Carey BusenBy Carey Busen on Posted in E-Discovery Rules, Taxable Costs
As we’ve discussed multiple times (see here, here, and here), the issue of what types of ediscovery costs are taxable under 28 U.S.C. § 1920 was first addressed by a federal appellate court last spring in Race Tires America, Inc. v. Hoosier Racing Tire Corp.  The Third Circuit – in line with the Supreme Court’s … 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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