By Jared Levine on Posted in Cooperation/Meet & Confer,Privilege/Rule 502,RulesThe New York Supreme Court’s Commercial Division has proposed sweeping changes to privilege logs that could bring simplicity and efficiency to what has long been viewed as a tedious, frustrating, and needlessly costly practice. The proposal, published for comment on April 3, 2014, would require litigants in the Commercial Division to “agree, where possible, to… Continue Reading
By Crowell & Moring on Posted in Cloud Computing,Cooperation/Meet & Confer,Information Management,Social Media,Technology Assisted ReviewI recently published an article for InsideCounsel addressing ways companies can reduce risk and costs in litigation. I advocate appropriate self-help. Unfortunately, the courts, regulators, and legislators have not fully kept up with the extraordinary pace of technological developments, the proliferation of ESI, and the growing use of social media, cloud computing, and other ESI-related… Continue Reading
By Jared Levine on Posted in Cooperation/Meet & Confer,Ethics,Information Management,SanctionsA colleague and I recently published an article in BNA’s Digital Discovery & e-Evidence® discussing the recent sanctions against Quinn Emanuel Urquhart & Sullivan LLP, in Apple, Inc. v. Samsung Electronics Co. Ltd, et. al., 5:11-cv-01846 (N.D. Cal. Jan. 29, 2014). Our article, “Protecting Confidential Information: Lessons from the Apple v. Samsung Firestorm,” tells a… Continue Reading
By Crowell & Moring on Posted in Accessibility,Cooperation/Meet & Confer,Privilege/Rule 502,Proportionality,RulesDocument review often is the most expensive component of discovery in large, complex cases. Wouldn’t it be great if you could shift that cost to the party that requested the documents, along with the burden of performing the tedious, time-consuming review? Well, maybe you can. A federal magistrate judge in the N.D. Florida recently did… Continue Reading
By Crowell & Moring on Posted in Cooperation/Meet & Confer,Rules,SanctionsDocument dumps deliberately comprising significant numbers of non-responsive documents are of course never appropriate and have long been frowned upon by the courts. Neither is it appropriate to deliberately bury a smoking gun document in the middle of a heap of marginally responsive documents. Both tactics long predate ESI. But the ever-increasing volume of ESI—now… Continue Reading
By Elizabeth A. Figueira on Posted in Cooperation/Meet & Confer,Information Management,Proportionality,RulesEver since Magistrate Judge Peck’s decision last year in Da Silva Moore v. Publicis Groupe SA, 2012 WL 607412 (S.D.N.Y. Feb. 24, 2012), there has been an increasing stream of orders and opinions weighing in on the use (or proposed use) of predictive coding. With each opinion, a new wrinkle appears, further shaping how parties… Continue Reading
By Crowell & Moring on Posted in Cooperation/Meet & Confer,Rules,SanctionsI remember when “apps” meant chips and salsa or maybe some buffalo wings and fried mozzarella sticks before dinner. “Apps” used to clutter my table. Now they clutter my tablet—largely thanks to my kids, who are as proficient with the thing as I am. According to Apple, there is an app for just about anything. … Continue Reading
By Jeane A. Thomas on Posted in Cooperation/Meet & Confer,Information Management,Proportionality,Technology Assisted Review2012 was a milestone year for Technology-Assisted Review (TAR), featuring the first judicial opinions expressly supporting its use by producing parties in litigation. Naturally, there has been a lot of excitement among vendors and e-discovery lawyers. But, despite these historic decisions, there remains little case law addressing how a producing party can use TAR and… Continue Reading
By Crowell & Moring on Posted in Cooperation/Meet & Confer,Ethics,Rules,Sanctions,SpoliationLitigation costs are far too often driven up by an unnecessarily adversarial approach to discovery. Many clients and their counsel continue to believe that their litigation interests are best served through contention and a lack of reasonable candor. They are mistaken. Several years ago, The Sedona Conference® addressed this issue with its Cooperation Proclamation, which… Continue Reading