Posts Tagged ‘discovery_practice’
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- May 18th
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The Fabric of Inadequate Search & Spoliation Allegations
In a case involving claims of copyright infringement of fabric design, the tapestry of the Plaintiff’s discovery production was challenged, including allegations the Plaintiff: Neglected to search for and produce several categories of documents; and Deleted relevant emails. The Defendants sought an order permitting a forensic examination of Plaintiff’s computer files based on the allegations [...]
posted at 2:25pm on May 18th
- May 17th
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Coping With Preservation and Proportionality in Legal Holds – Law.com
Law.comCoping With Preservation and Proportionality in Legal HoldsLaw.comBy Monica BayAll Articles Five high-profile members of the e-discovery community gathered in a panel on Thursday morning to discuss preservation and proportionality in legal holds…
posted at 9:43pm on May 17th
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Judge Peck Denies Plaintiffs’ Amicus Brief on Recusal
In Monique da Silva Moore v. Publicis Groupe and MSLGroup before the U.S. District Court for the Southern District of New York, Magistrate Judge Andrew Peck denied on Monday an amicus curiae or friend-of-the-court brief filed in support of the plaintif…
posted at 11:57am on May 17th
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Separating the Wheat from the eDiscovery Software Chaff
There are hundreds of e-discovery software applications available. Every stage of the EDRM can be assisted by one or more commercially available applications. Some of these are designed for very specific functions, such as trial presentation, while others claim to have multiple parts that can be used at different EDRM stages, such as software that collects, processes, analyses and reviews electronic information. The marketing collateral that accompanies many of these products proclaim each of them as “the best” at what they do. They advertise various types of functions, such as near duplicate identification, conceptual clustering, predictive coding, etc. With all the different options available, how can one filter out the “sales-speak” and actually evaluate an e-discovery offering on its merits? The following tips may help: 1. Make sure the software fits you, not the other way around The reason you [...]
posted at 10:00am on May 17th
- May 16th
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New Jersey Considers e-Discovery Rules for Criminal Cases
In April 2009, Chief Justice Rabner of the Supreme Court of New Jersey appointed the Supreme Court Special Committee on Discovery in Criminal and Quasi-Criminal Matters (hereinafter the Committee). The Committee “was appointed to recommend …
posted at 6:09pm on May 16th
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Save Money By Taking Stock Of Your E-Discovery Over The Summer – Metropolitan Corporate Counsel
Save Money By Taking Stock Of Your E-Discovery Over The SummerMetropolitan Corporate CounselWith the rising acceptance of technology-assisted review and continued importance of streamlining electronic discovery for litigation efficiency, in-house couns…
posted at 11:48am on May 16th
- May 15th
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That federal-court e-discovery breakthrough? Not so fast… – Thomson Reuters News & Insight
Thomson Reuters News & InsightThat federal-court e-discovery breakthrough? Not so fast…Thomson Reuters News & InsightIn February, US Magistrate Judge Andrew Peck of federal court in Manhattan gladdened the hearts of legal technophiles when he ordered…
posted at 6:41pm on May 15th
- May 14th
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Judge Peck Stays Defendant MSL Production in ‘Da Silva Moore’ – Law.com
Law.comJudge Peck Stays Defendant MSL Production in 'Da Silva Moore'Law.comThe case is being closely monitored by e-discovery professionals because of the court's approval of a protocol for e-discovery that was initially agreed to by the pa…
posted at 11:24pm on May 14th
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Da Silva Moore: Plaintiffs File Reply in Support of Motion for Recusal or Disqualification
On May 10, 2012, Plaintiffs filed their reply in support of their motion for recusal or disqualification. Those pleadings are available below.
• Reply Memorandum of Law in Support of Plaintiffs’ Motion for Recusal or Disqualification
• …posted at 1:19pm on May 14th
- May 11th
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The burdens of e-discovery – Point of Law
The burdens of e-discoveryPoint of LawBy Ted Frank on May 11, 2012 9:03 AM | No Comments Marc Herrmann notes that judges have unrealistic expectations regarding e-discovery. Of course, they're encouraged to have such unrealistic expectations by pla…
posted at 9:14am on May 11th