Posts Tagged ‘ethics’
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- January 24th
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Walking the Lines of Transparency and Attorney-Client Privilege for ESI – An Interview with Sarah Jane Gillett, Partner at Hall Estill
In the highly litigious oil and gas industry, outside counsel must ensure that they have conducted adequate due diligence in managing and producing electronic evidence. The line of transparency and privilege is a difficult one to walk. In part one of this two-part interview, Sarah Jane Gillett, Partner at Hall Estill, gives an overview of the increased responsibility to preserve and subsequently produce relevant documents in various forms, and some insights into what exactly is protected by attorney-client privilege: AS: Can you give a brief overview of the increased responsibility to preserve and subsequently produce relevant documents in various forms? Sarah Jane Gillett: There is no question that counsel today must be cognizant of the responsibility to identify and potentially collect various forms of evidence at an extremely early stage of any litigation or investigation. While the Federal Rules of [...]
posted at 11:42am on Jan 24th
- January 10th
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eDiscovery Experts Discuss New York’s Complex E-Discovery Model Order
Listen to Karl Schieneman, Founder and Owner of Review Less talk with Ariana Tadler from Milberg LLP and Maura Grossman from Wachtell Lipton about the new Model Order for complex cases in the Southern District of NY. Both of these attorneys, considered among the best eDiscovery experts nationwide, were involved in creating this template. Hear why [...]
posted at 4:23pm on Jan 10th
- January 4th
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Who Owns the eDiscovery Hot Seat – Corporate or Counsel?
The vast majority of our corporate clients are public corporations with inside counsel. Generally we work directly under inside counsel’s supervision to protect our work product. A fast assessment engagement for a smaller corporation without any inside counsel got me thinking about eDiscovery risk vs. cost decisions in a different light. Civil litigation is a ‘sooner or later’ fact of life for any public corporation with enough revenue to tempt a plaintiff. As eDiscovery becomes a defacto business process, what hat is the typical inside counsel wearing when they make decisions on matter scope, filters, data sources and more? We tend to think of counsel as the final arbitrators of eDiscovery decisions. But frequently, inside counsel is wearing the business hat when applying the ‘reasonable effort’ standard to situations. In a company without inside counsel, who does that final decision fall to?
posted at 9:00am on Jan 4th
- December 7th
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Review of Executive Counsel Institute’s “The Exchange” Event in Los Angeles
Another successful Executive Counsel Institute – eDiscovery for the Corporate Market event (“The Exchange”) was held in Los Angeles December 5 and 6. I have participated in this conference multiple times in the past and, once again, was not let down. The Los Angeles meeting, lead by Browning Marean of DLA Piper and Robert Brownstone of Fenwick & West, was the last of the five held across the U.S. this year. The round-table format sets this event apart from other conferences. The Exchange, which is a strictly “PowerPoint free” zone, is rich in content and participation. While there is an agenda and moderators for each session, the meeting is steered by participant needs. The Exchange is kicked off with an audience poll of pain points and goals for conference take-aways, all of which are included in the 1-½ day discussion. [...]
posted at 1:24pm on Dec 7th
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Lawyers trolling pokes, wall posts and tweets
The situation has trailblazers in the emerging field of social discovery writing the next chapter in the ongoing saga that is law. “This is, to some extent, a wake-up call,” says Dera Levin, senior director of litigation support and …
posted at 12:20pm on Dec 7th
- November 29th
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Response to “Has eDiscovery Disenfranchised Our Paralegals?”
I was happy to see Greg Buckles’ post Has eDiscovery Disenfranchised Our Paralegals. The answer is, wholeheartedly, YES! So, why am I happy? I am happy because someone finally brought the topic up publicly. It is a very real problem that the legal industry needs to address. Instead, however, we seem to be treating the subject as taboo or simply shrugging our shoulders. Buckles correctly identified the problem and how it came into existence. It happened without anyone noticing. The disconnect between paralegals and the litigation support process has caused significant tension within legal teams. In my experience, this holds true in both law firms and in-house legal departments, as well as between outside and in-house counsel. Buckles also correctly identified the solution: improved chain of custody processes that keep the stakeholders engaged and informed through every step of evidence [...]
posted at 4:37pm on Nov 29th
- November 22nd
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Announcing the eDJ Peer Group
This is my first entry as a contributor to the eDiscoveryJournal so I wanted to make it special with an announcement about a new initiative I’m leading with the eDJ Group. While you and I may not have met yet and we may not have met the other professionals that are reading this blog at the very same time, we are all bonded by this special community of eDiscovery and information governance professionals. Wouldn’t you agree that we could all grow from each other’s knowledge? Of course we could!
The ability to share knowledge, pain points, successes and challenges, and state of the market with peers is invaluable. The challenges, however, include: opportunity, confidentiality, competition and facilitation. In recognizing both the need for knowledge sharing in our industry and the challenges associated therewith, eDiscovery Journal and eDJ Group have created the “eDJ Peer Group” and I am proud to lead its launch.
posted at 10:20am on Nov 22nd
- November 3rd
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What Makes The Georgetown Advanced e-Discovery Program Special?
Listen to Karl Schieneman, Founder and Owner of Review Less and friend of JurInnov, talk with Bob Eisenberg, the founder and permanent Co-Chair of the Advanced eDiscovery Institute and the eDiscovery Training Academy at the Georgetown University Law Center in Washington, DC. The discussion will focus on the Advanced eDiscovery program at Georgetown and the [...]
posted at 11:48am on Nov 3rd
- November 1st
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EDRM Mid Year Meeting Update
Recently I had the opportunity to participate in the EDRM Mid Year Meeting in St.Paul, Minnesota. The midyear meeting is a great opportunity for all of the individual project groups to come together and evaluate the progress made on key projects for the year. Although a midyear review may be standard operating procedure for large corporations, few industry groups that I’ve been exposed to have the discipline to insist on such a midyear checkpoint.
posted at 10:03pm on Nov 1st
- October 7th
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Review of Law Tech Texas – Dallas
I was lucky enough to attend the Law Tech Texas conference on Wednesday (October 5) in Dallas put on by Texas Lawyer (an ALM publication). For my Twitter friends, the feed is #lawtechtx. The keynote was led by John Ansbach, the Chief Legal Officer at M.A.D.D. (Mothers Against Drunk Driving) who focused on technology in the legal space. Mr. Ansbach set the tone for the day nicely and put together an enjoyable and engaging opening keynote. He provided some real life experiences on social media issues and provided some stats on all the main social media sites. I learned that the average age for FaceBook is 38…I guess I’m getting old. The main point for the audience to take from the keynote was the practice of law isn’t changing; the practice of law as you know it changed with rise [...]
posted at 10:51am on Oct 7th