Document Review

Anyone who works with e-discovery has no doubt encountered the bewildering array of vendors and service providers clamoring for legal technology business. It can be confusing.

As the e-discovery industry has exploded, vendors’ roles have expanded and changed as well. Just a few years ago, it was more common for attorneys and their firms to have to piece together several vendors to form a cohesive e-discovery attack plan. These days, many service providers offer more start-to-finish options.

Even though it is all very technical, vendor work sometimes walks the line between IT work and actual lawyering. The District of Columbia Court of Appeals has become wary of discovery vendors that might offer misleading advertisements about their legal certifications. Last week the Court’s Committee for the Unauthorized Practice of Law (sounds intimidating!) delivered an opinion clarifying some rules relevant to discovery vendors.

While they were at it, the committee delivered a couple solid kidney shots. Ouch….

double red triangle arrows Continue reading “Why Is the D.C. Court of Appeals Feeling Testy Toward E-Discovery Vendors?”

You made a fool of me… and got me in huge trouble with the feds.

For a long time, I have been a staunch advocate of putting passwords on all electronic devices — laptops, phones, tablets, etc. There’s no reason to leave your private life or sensitive business data accessible to any schmo who might have access to your phone, just because you’re too lazy to spend three seconds typing in a password. This is especially true for lawyers, given the client confidences that they handle.

At least personally, however, I’m more lax about sharing some access passwords with close friends or family. My girlfriend knows my iPhone and computer passwords. (I know hers too.) Usually I don’t stress about potentially catastrophic consequences of her knowing that information. But every once in awhile I read something that makes me seriously wonder if you can trust anybody.

My current crisis of trust arises from the prosecution of a man accused of conspiring to export millions of dollars of electronic equipment from the U.S. to Iran. Prosecutors found “incredibly blatant admissions of criminal wrongdoing and philandering” on the defendant’s iPhone. But the man says his wife — who he is currently trying to divorce — stole the phone and forged the incriminating evidence.

Talk about emasculating. Let’s read more about this not-so-happy couple.…

double red triangle arrows Continue reading “This Might Be the Most Tumultuous Divorce of All Time”

There is a lot of talk these days about the impossibly high costs and absurd amounts of time attorneys spend on e-discovery. Everyone is looking for the best way to make the process more efficient and less time-consuming.

So it is reassuring when a federal judge recognizes that need, and does his part to eliminate careless document review agreements.

Earlier this month, a New Jersey District Judge wrote just that sort of opinion. The savvy judge seems to have his priorities straight….

double red triangle arrows Continue reading “Judge Agrees That Reviewing 65 Million Documents Is Ridiculous”

Have you been searching for a way to resolve your in-house e-discovery matters? Are you hoping to find the latest document review solution? Is early case assessment a problem in your office? Thanks to the introduction of the Research Corner, Above the Law may be able to assist you with all of these issues.

When you sign up for the Research Corner, you will gain access to white papers, reports, and analysis from leading legal technology companies. Some of the exciting topics in the Research Corner include:

  • Datacert: Customer Success Story – Walmart
  • Dell DX & Symantec Solution Brief: Store, Manage, and Discover Critical Business Information with a Complete Archiving Solution
  • FTI Consulting: The End of Piecemealing: Improving All-in-One Document Review Offerings
  • Guidance Software: Choosing the Right In-House Electronic Discovery Solution for Your Organization
  • Mitratech: Technology Platform for Legal Department
  • Nuix: A Step-by-Step Guide to Early Case Assessment (ECA)
  • TCDI: Concept Technology for Streamlining Document Review

What are you waiting for? Sign up for the Research Corner today by clicking here.

Did you know that Above the Law has introduced a Research Corner to the site? In the Research Corner, readers will be able to sign up and obtain access to white papers, reports, and analysis from leading legal technology companies. From resolving in-house e-discovery matters, to comprehensive document review solutions, the Research Corner has something for everyone.

Some of the exciting topics in the Research Corner include:

  • Datacert: Customer Success Story – Walmart
  • Dell DX & Symantec Solution Brief: Store, Manage, and Discover Critical Business Information with a Complete Archiving Solution
  • FTI Consulting: The End of Piecemealing: Improving All-in-One Document Review Offerings
  • Guidance Software: Choosing the Right In-House Electronic Discovery Solution for Your Organization
  • Mitratech: Technology Platform for Legal Department
  • TCDI: Concept Technology for Streamlining Document Review

What are you waiting for? Sign up for the Research Corner today by clicking here.

Did you know that Above the Law has introduced a Research Corner to the site? In the Research Corner, readers will be able to sign up and obtain access to white papers, reports, and analysis from leading legal technology companies. From resolving in-house e-discovery matters, to comprehensive document review solutions, the Research Corner has something for everyone.

Some of the exciting topics in the Research Corner include:

  • Datacert: Customer Success Story – Walmart
  • Dell DX & Symantec Solution Brief: Store, Manage, and Discover Critical Business Information with a Complete Archiving Solution
  • FTI Consulting: The End of Piecemealing: Improving All-in-One Document Review Offerings
  • Guidance Software: Choosing the Right In-House Electronic Discovery Solution for Your Organization
  • Mitratech: Technology Platform for Legal Department
  • TCDI: Concept Technology for Streamlining Document Review

What are you waiting for? Sign up for the Research Corner today by clicking here.

Did you know that Above the Law has introduced a Research Corner to the site? In the Research Corner, readers will be able to sign up and obtain access to white papers, reports, and analysis from leading legal technology companies. From resolving in-house e-discovery matters, to comprehensive document review solutions, the Research Corner has something for everyone.

Some of the exciting topics in the Research Corner include:

  • Datacert: Customer Success Story – Walmart
  • Dell DX & Symantec Solution Brief: Store, Manage, and Discover Critical Business Information with a Complete Archiving Solution
  • FTI Consulting: The End of Piecemealing: Improving All-in-One Document Review Offerings
  • Guidance Software: Choosing the Right In-House Electronic Discovery Solution for Your Organization
  • Mitratech: Technology Platform for Legal Department
  • TCDI: Concept Technology for Streamlining Document Review

What are you waiting for? Sign up for the Research Corner today by clicking here.

Last week, more than a dozen high-profile mass torts attorneys lost a San Francisco jury trial against a small technology company. The jury decided the attorneys had illegally breached a document review contract during the high-profile Chinese drywall class-action litigation.

On September 19, the 14 defendants in Cataphora Inc. v Parker were ordered to pay $317,113 to the technology company in lost profits, plus attorneys’ fees.

“These guys are the worst of hypocrites that you can possibly find,” said Roger Chadderdon, technology counsel at Cataphora. “They claim to be trying to help the little guy, but what they’re doing is trying to put more money in their own pockets. Everybody knows that, but this is a case that illustrates it beyond what I have ever seen.”

Clearly, tempers are still running hot. We’ve got more from both sides of the dispute, and a quick refresher on Chinese drywall, after the jump….

double red triangle arrows Continue reading “Prominent Plaintiffs’ Attorneys Ordered to Pay Up After Losing Breach of Contract Trial”

At this point, the lengths companies go to in order to protect data, keep it secure, and prepare for e-discovery is old news. Data breaches — and the news coverage that usually follows — have frightened many companies into at least attempting to ratchet up data security policies. Likewise with retention practices. There have been enough e-discovery horror stories that most companies, and especially their lawyers, know they need to start prioritizing this stuff.

Strangely though, you don’t often hear much about data security within corporate boards. But it turns out that the boards of many multinational corporations with hundreds of millions of dollars in revenue are way, way behind the curve on data security.

Company boards are doing everything from printing out physical copies of thousands of pages of sensitive material, to sending unencrypted information to personal e-mail accounts, unsecured iPhones, and home computers. The Thomson Reuters report, released Wednesday, gives a harrowing account of disasters waiting to happen….

double red triangle arrows Continue reading “Many Corporate Boards Are Pretty Much Waiting to Get Hacked, Report Says”

Adam Bier (sans beard)

At the Legal Technology Leadership Summit opening reception on Tuesday, I struck up a conversation with a friendly young lawyer. He won immediate social coolness points for several reasons: He has a beard. He’s from the East Bay, like me. He runs a solo practice, and he had some good stories about lawyers following unique, non-lawyerly paths (which we might mention in future posts).

Needless to say, I was surprised to walk into Thursday’s keynote discussion, “Qualcomm Revisited: When Lawyers Face Discovery Sanctions,” and discover that this attorney was actually the youngest member of the Qualcomm Six.

Adam Bier was still a self-described “baby lawyer” when he was wrongfully sanctioned in the landmark 2008 Qualcomm e-discovery case. Kashmir Hill interviewed him early last year, when the appealed sanctions were finally vacated, more than two years after they were first imposed. Bier shared his story with conference attendees, joined onstage by U.S. Magistrate Judge David Waxse and Frank Cialone of Shartsis Friese, who defended several of the outside counsel in Qualcomm.

After the jump, learn the details of Bier’s nightmare experience. Can you imagine yourself in his shoes?

double red triangle arrows Continue reading “Dispatch from Amelia Island: When Clients Attack”

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