The year saw an increased focus on smart phones and texts as sources of discovery in many areas of litigation. According to partner James M. Boyers, the cost of document collection, review platforms and electronic data review continued its drive downwards as the implications of the 2015 Amendments to the Federal Rules of Civil Procedure have become more apparent through Court... Continue Reading...
Continue ReadingDigital Picture Postscript
On June 20, 2018, we published a blog post entitled “A Digital Picture is Worth a Thousand Words – but is it Authentic?” Not long after that posting, I participated in a five day jury trial in which the issue of spoliation of digital photographs became a central issue. The spoliation issue arose in a medical malpractice action that involved... Continue Reading...
Continue ReadingDiscovery Masters in Indiana’s Commercial Courts
Discovery Masters in Indiana’s Commercial Courts – A Time and Cost Saving Option For Business Litigants The Indiana Commercial Courts pilot project launched in 2016, and the statistics and feedback show that the project is a success. The Commercial Courts’ homepage lists several purposes for the pilot project, including to “allow business and commercial disputes to be resolved with expertise,... Continue Reading...
Continue ReadingA Digital Picture is Worth a Thousand Words — But is it Authentic?
How often have you accepted a printed rendering of a digital picture as authentic? For those of us practicing since the 90s or earlier, we have often accepted a witness’s testimony that a printed picture is a fair and accurate depiction of the witness’s personal observation. However, when a digital image comes into play and small details in the image... Continue Reading...
Continue ReadingThe New Gmail– What Will It Mean for E-Discovery?
Google has announced a major refresh to the Gmail platform, with several new features that will add new challenges to e-discovery practice. Business clients utilizing the G Suite for their operations will be among the first groups to receive these new features, and personal Gmail accounts set to receive them sometime thereafter. As these features are rolled out over the... Continue Reading...
Continue ReadingWhat Does Data Mining Facebook for Voter Information Have to Do with Your Litigation Strategy?
We have all recently heard about Cambridge Analytica mining Facebook users’ data through a variety of applications. We all probably know now that if we have a Facebook account, we need to pay attention to privacy settings to ensure that our posts are only directly available to those whom we want to see them. However, have you ever really considered... Continue Reading...
Continue ReadingDon’t Forget to Lock the Digital Door! Ten Data Security Questions When Selecting an E-Discovery Vendor
Attorneys know, or should know, that they have an ethical obligation to protect client data. Besides, doing so is good client service. For those reasons, lawyers selecting an E-Discovery vendor or ESI review platform should not let their guard down regarding data security issues. In the current data breach environment, attorneys cannot assume that an E-Discovery vendor has adequate security... Continue Reading...
Continue ReadingTechnology and (the Practice and) Business of Law
Opportunities to use technology to enhance the practice of law abound. However, we think attorneys will not be replaced by computers soon. We see great opportunities for enhanced early case review; more efficient contract assessment and drafting; better intelligence gathering about courts, clients and opponents; and a better understanding of the business of law. Why do we think this? Jim... Continue Reading...
Continue ReadingRightsizing Your E-Discovery: Factors to Consider When Selecting an E-discovery Vendor
As E-Discovery becomes ever more prevalent in litigation, E-Discovery software vendors are offering a wide range of features and pricing models. Significant disparities in pricing, services and systems can make it difficult to make comparisons. However, they also present an opportunity to be more efficient in your E-Discovery practice by allowing for you to find the best fitting solution for... Continue Reading...
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