Despite all the brouhaha surrounding Magistrate Judge Andrew Peck‘s recent predictive coding ruling, the gates on the cutting-edge electronic discovery technology appear to be opening. Not the flood gates, but the kind of gates big enough to let deer into your back yard.
We have another case this week, from a small county court in Virginia, where a judge has ordered predictive coding despite the plaintiff’s objections. Keep reading to hear about the latest technology-assisted review in litigation.
UPDATE (4:00PM 4/26/12): We’ve obtained the plaintiffs’ motion, as well as the defense’s response. You can see them below…
I have spent this past week at our international software licensing council meeting. I have met many of our licensing experts from around the country and around the globe. Unfortunately, the meeting always takes place on one of our campuses 15 minutes from my home. It would be great if we could move the meeting to Canada or Latin America some years, but for now, I am home. And I am watching the last of the late spring snow melt off of my daughter’s snowman.
While a lot of the terms and technology discussed at the meetings soared far above my head, it has been fascinating to meet with people who are integral to the creation and drafting of our software licenses. On its face, our business sells manufactured products. Inherent in those products, however, are thousands of hard and soft components necessary to make the products run.
Technology has always been a core piece of our business. I have discussed before numerous areas where we have been at the forefront of particular technology advancement. Some technology remained salient to our core business, and some fell by the wayside, only to be successfully utilized by other companies. But meeting with folks who actually create some of the ingredients in our product stew opened my eyes to a world that for me, has thus far existed under the radar….
In August of 2009, while driving around Silicon Valley after speaking at Santa Clara Law, I saw an office park in East Palo Alto with a sign that jumped out at me. Being a Biglaw groupie, I stopped and snapped a picture:
I parked, got out of my rental car, and walked around. I was struck by the beauty of the overall office complex, with its expansive plaza, immaculate landscaping, and fountains. It was a veritable law firm Xanadu!
Well, it’s that time of year again. Where 3Ls don gowns, walk down the long carpeted aisle, take photos with their families, get drunk, and then a few days later arise from massive hangovers… and head straight to the library to study for bar exams for the next three months.
But Above the Law — along with our sponsors at Themis Bar Review — want to help. That’s why we are holding our second annual Bar Review Diaries contest. Our three contest winners will receive free bar prep from Themis, as well as the opportunity to earn fame and fortune (or, fame at least) blogging about their experiences studying for the bar on the pages of Above the Law.
Sweet deal, right? For contest rules and entry instructions, keep reading…
I really don't want to know what John Edwards is smiling at.
First, let me give you the usual warning: this is a post about John Edwards. It will be safe for work, but I still urge you to wear a prophylactic over your eyes to protect you from getting some kind of icky John Edwards disease.
The John Edwards trial is underway and, sorry, I still can’t believe that I voted for this person for Vice President. The prosecution’s “star” witness, former aide Andrew Young, has been on the stand making Edwards look like even more of a cheating liar, if that’s even possible.
Not that any of this really should be going on. Right? We shouldn’t really be prosecuting a man for having an affair on his cancer-stricken wife while he was running for president. This campaign misappropriation claim is a farce.
But Jesus, don’t you just want this slick-talking lout to get punished for something…
There’s nothing a lawyer likes better than winning a case — especially a case that’s been argued before the U.S. Supreme Court. It’s basically the crowning achievement of a successful career in the law. That being said, even the most gracious SCOTUS victor is entitled to do some gloating (even if the subject matter was particularly snooze-worthy, like qualified immunity).
But sometimes lawyers can go a little overboard with their victory dances. Sometimes lawyers will think up some really outside-the-box ways to shame the losing litigant — and, in the process, themselves.
And with that, allow us introduce you to our Lawyer of the Day, a man who decided it would be a great idea to write a letter to his opponent with the suggestion that he read the SCOTUS opinion “eternally from hell”….
At some point, the Department of Education is going to have to step in and put a stop to the American Bar Association’s monopoly over the standards for legal education. The ABA has gotten to the point where it’s just trolling us — making patently ridiculous decisions as if it doesn’t even have to pretend to have a grasp on the challenges facing prospective law students and the legal profession.
The ABA’s “watchdog” for law schools is stepping down. Hulett “Bucky” Askew, of John Marshall Law School in Atlanta, has served as the ABA’s consultant on legal education since 2006. Note: that’s a pre-recession date. I take this as more evidence (as if we needed more) that the ABA has been operating with a pre-recession mentality throughout the entire recession and quasi-recovery.
But let’s stop crying about the ABA’s almost comically slow response to the shifting legal education market. Wait until you get a load of the guy who’s going to be Askew’s interim replacement…
It’s fitting that we recently devoted space in these pages to a paralegal’s lament. This week, the last week in April, is Administrative Professionals Week. It’s a secular holiday devoted to recognizing the work of secretaries, legal assistants, receptionists, paralegals, and other administrative support personnel.
And today is the culmination of the week: Administrative Professionals’ Day. As Elie wrote a few years ago, today is “the official day on which you need to make a financial display of appreciation… but people are supposed to be nice to their secretaries for the entire year week.”
Lawyers, it’s not too late to get your assistant a card or a gift. If you’re on the West Coast, stop at a gift shop on your way into the office. If you’re on the East Coast, step out during your lunch break.
Let’s take this opportunity to reflect on the contributions of administrative professionals….
“I study. Then I study some more. Then I go to sleep. Then I get up and study again. It’s the same for everyone.”
At least, I proposed, the subject matter was interesting.
She demurred. “Yeah, I guess… but — really? I mean… Property law? Contracts? Torts?”
Her demurrer was sustained. She had a point.
Maybe it’s your turn to demur. The subject matter of law school — law itself — not interesting!?? That’s unthinkable. It has to be the school’s fault — my client must be attending some fourth-tier degree mill, with subpar teaching, and a dull-witted student body….
* Arizona’s immigration law is heading to the Supreme Court today. Meanwhile, former Senator Dennis DeConcini lobbed the worst insult ever against his state. How embarrassing for you, Arizona. [New York Times]
* Will Wal-Mart regret not disclosing its bribery investigation sooner? Not when the delay saved millions in criminal fines. What Wal-Mart will regret is being forced into disclosure by the NYT narcs. [Corporate Counsel]
* Delete all the oil from ocean, and then maybe we’ll care about this. A former BP employee was charged with obstruction of justice for deleting texts having to do with the Deepwater Horizon disaster. [Bloomberg]
* “Once you cross the six-figure mark, you think, what’s a few thousand dollars more?” You’re doing it wrong: you’re supposed to be bragging about a six-figure salary, not a six-figure debt obligation. [Baltimore Sun]
* New Jersey residents don’t always have the great pleasure of nearly being killed by two high-speed Lamborghinis, but when they do, they prefer that police officers be suspended and sue over it. [ABC News]
Watch to find out what some of our subscribers received in their May box!
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at firstname.lastname@example.org in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
• 2nd to 5th year Japanese fluent M&A associates needed in Tokyo;
• 4th to 6th year mandarin fluent cap markets associate needed in Hong Kong;
• 2nd to 4th year M&A / cap markets mix associate needed in Singapore.
The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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