Data Law Insights

Data Law Insights

Legal insights on navigating privacy, data protection, cybersecurity, information governance, and e-discovery

Category Archives: Technology Assisted Review

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U.S. Tax Court Approves Predictive Coding for Litigation Use

Posted in Technology Assisted Review
On September 17, the U.S. Tax Court in Dynamo Holdings Ltd. P’ship v. IRS, 143 T.C. No. 9 added itself to the growing list of courts that have approved the use of predictive coding in litigation. As we have previously noted, predictive coding or Technology Assisted Review (“TAR”) has increasingly been utilized in large scale… Continue Reading

Technology Assisted Review Finally Enters the Spotlight

Posted in Information Management, Technology Assisted Review
After early concerns about the defending the results of the technology and whether courts would accept its use, Technology Assisted Review (“TAR”) has now entered the spotlight as an alternative to more traditional forms of document review. These technologies, commonly referred to as predictive coding, continue to win over both clients and counsel, who have… Continue Reading

Crowell & Moring Releases “Data Law Trends & Developments” and Announces Expanded “Data Law Insights” Blog

Posted in Accessibility, Admissibility, Cloud Computing, Cooperation/Meet & Confer, Criminal Law, Cybersecurity / Data Security, Data Breach, Ethics, Government Agencies, Government Contracting, Government Regulations & FISMA, Information Management, Preservation, Privacy, Privilege/Rule 502, Proportionality, Public Sectors, Rules, Sanctions, Social Media, Spoliation, Technology Assisted Review, Transnational Discovery
We are pleased to announce the publication of a report titled “Data Law Trends & Developments: E-Discovery, Privacy, Cyber-Security & Information Governance.” The report explores recent trends and anticipated future developments on critical issues related to the intersection of technology and the law, which affect a wide range of companies and industries. In addition, the… Continue Reading

California State Bar Offers Guidance on Attorney’s Ethical Duties in Handling E-Discovery

Posted in Accessibility, Cloud Computing, Cooperation/Meet & Confer, Ethics, Preservation, Privilege/Rule 502, Proportionality, Rules, Sanctions, Social Media, Spoliation, Technology Assisted Review
The State Bar of California may soon deem an otherwise highly skilled attorney to be “incompetent” in the practice of law if he or she does not know the basic steps to take with respect to electronic discovery and does nothing to fill that gap in knowledge. On February 28, 2014, California’s State Bar Standing… Continue Reading

Controlling Litigation Expense and Exposure Through Appropriate Self-Help

Posted in Cloud Computing, Cooperation/Meet & Confer, Information Management, Social Media, Technology Assisted Review
I 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

Court Restricts Cross-Litigation Discovery, Rejecting Perfection in Discovery including with Predictive Coding

Posted in Proportionality, Technology Assisted Review
In a Valentine’s Day order, Judge Denise Cote of the Southern District of New York ruled that the defendants in a set of complex mortgage-backed securities cases could not use documents obtained through discovery in related litigation in the Central District of California. This even included documents that purportedly should have been produced in the… Continue Reading

Report From Huron’s E-Discovery Advocacy Institute

Posted in Cooperation/Meet & Confer, Preservation, Proportionality, Rules, Sanctions, Technology Assisted Review
On October 1st, I attended an all-day series of presentations hosted by Huron Legal Institute and Sandpiper Legal LLP in New York, which included several leading federal jurists and well-regarded practitioners offering their insights. The event featured five hypothetical cases covering a range of topics, with attorneys appearing before one of more of the judges… Continue Reading

Kansas Federal District Court Revamps ESI Guidelines To Address Developments in E-Discovery Case Law, TAR and Social Media Evidence

Posted in Cooperation/Meet & Confer, Preservation, Rules, Social Media, Spoliation, Technology Assisted Review
Earlier this month, the U.S. District Court for the District of Kansas “substantially revised its ESI guidelines to address that particularly critical and rapidly evolving subject.” As part of an ongoing effort to adapt its local rules and guidelines to ensure “that civil litigation actually is handled in the ‘just, speedy, and inexpensive’ manner contemplated… Continue Reading

Forecasting 2013 E-discovery Trends Involving Spoliation, Predictive Coding, Social Media, and More

Posted in Cloud Computing, Information Management, Rules, Sanctions, Social Media, Spoliation, Technology Assisted Review
Crowell & Moring recently published its Litigation Forecast 2013. This report explores critical litigation issues, provides concise, forward-looking perspectives on trends, and identifies cases to watch in ten areas of law affecting a wide range of companies and industries in 2013 and beyond. The report includes a discussion of significant e-discovery developments, focusing on the… Continue Reading

Predictive Coding: How Much Transparency and Cooperation Is Required When Using Technology Assisted Review In Litigation?

Posted in Cooperation/Meet & Confer, Information Management, Proportionality, Technology Assisted Review
2012 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

Delaware Chancery Court Orders Parties to Use Predictive Coding and Shared e-Discovery Vendor

Posted in Technology Assisted Review
A Vice Chancellor of the Delaware Chancery Court has ordered both parties in an indemnity dispute relating to the 2011 sale of the Hooters restaurant chain to utilize predictive coding and a shared e-discovery vendor, even though neither party sought such an order. In EOHRB, Inc. v. HOA Holdings LLC, C.A. No. 7409-VCL (Del. Ch.… Continue Reading