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Coverage of products, rulings impacting how discovery is conducted, the application of and abidance with the Federal Rules of Civil Procedure, and business news
By The Legal Intelligencer | February 6, 2018
In the Legal's E-Discovery supplement, read about possession, custody or control; preserving wearable data and how when it come to ethics and e-discovery, attorneys must stay current.
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By Ari Kaplan, Ari Kaplan Advisors | February 6, 2018
Legal technology consultant Ari Kaplan provides excerpts from six interviews he did with industry business leaders at Legalweek New York about the future of legal tech.
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By Tony Reichenberger and James Sullivan, KLDiscovery | February 6, 2018
The ASU-Arkfeld eDiscovery and Digital Evidence Conference called for papers addressing the progress, challenges, and future of e-discovery, digital evidence and data analytics. Here's the winner.
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By Elie Francis | February 5, 2018
Data is duplicative by nature, but the way your operation stores and manages data is likely exposing it to unnecessary and costly redundancy. Most organizations handling e-discovery today could very well have a cumulative data set that is anywhere from five to 10 times bigger than necessary.
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By John A. Greenhall, Anthony L. Byler and Kathleen M. Morley | February 5, 2018
Attorneys are bound by developing ethical rules and duties relating to e-discovery. These rules and duties deserve emphasis because courts, and clients, are increasingly concerned about the manner in which attorneys conduct discovery and, particularly, e-discovery.
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By David R. Cohen and Todd R. Fairman | February 5, 2018
Most lawyers know to advise their clients to preserve evidence in their “care, custody or control” relevant to pending or threatened litigation. But exactly how far does “control” go? Can a party be sanctioned for spoliation for failing to issue a legal hold notice to a third party who has no obligation to follow your legal hold instructions?
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By Christopher Boehning and Daniel J. Toal | February 5, 2018
In their Federal E-Discovery column, Christopher Boehning and Daniel J. Toal discuss 'Winfield v. City of New York', a decision which adds to the growing body of law that as long as a producing party's use of technology-assisted review tools, including predictive coding, is reasonable and proportional in the context of a matter, the mechanics of such efforts should not be open to scrutiny by an opposing party.
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By Philip N. Yannella | February 5, 2018
Discovery of personal data held in the European Union (EU) has been an issue that has bedeviled U.S. litigants for some time. On the one hand, the U.S. Supreme Court has held that discovery of foreign documents is not barred by foreign privacy law.
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By Joseph Francoeur, Michelle Vizzi and Sade A. Forte | February 5, 2018
Attorneys need to be aware of technological advances in terms of preservation of evidence and new avenues for seeking relevant evidence. Spoliation sanctions, including adverse jury instructions, have been issued for the failure to preserve text messages. In addition, data from wearable technology, such as the Apple Watch and the Fitbit, can become relevant and material, while also raising concerns about consumer privacy rights.
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By Tess Blair and Tara Lawler | February 5, 2018
The perennial question of “possession, custody or control” may become more complicated in light of the U.S. Supreme Court recently granting certiorari in the landmark case of In the Matter of a Warrant to Search a Certain Email Account Controlled and Maintained by Microsoft. Companies will need to watch for this decision and its potential impact on discovery and information governance when data crosses borders.
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