Tag Archives: Proportionality

Advocacy in E-Discovery More Important Than Ever

By Edward J. Jacobs and David Choi on March 23, 2017 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 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

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

Highest Bidder Loses Spoliation Fight in Auction House Data Breach

By Karin Scholz Jenson on May 31, 2013 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

Proportionality and Predictive Coding: A Hip Combination

By Karin Scholz Jenson on April 26, 2013 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!

By Gilbert S. Keteltas and Karin Scholz Jenson on January 29, 2013 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

Advocating Cooperation and Proportionality? Study the case law!

By Gilbert S. Keteltas on October 23, 2012 Posted in Proportionality

Co-authored by: Alberto Rodriguez In a prior post we noted that those seeking to achieve proportionality in the face of objection by an opponent, or a court’s lack of experience, should begin with the rules. The good news is that there is no shortage of case law doing just that. In other words, a party … Continue Reading

Advocating Proportionality? Start with the Rules!

By Gilbert S. Keteltas on October 18, 2012 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