eDiscovery

* The world’s largest Harry Potter memorabilia collection belongs to a lawyer. His patronus is a shimmering gavel. [The Telegraph]

* The FCC has ended the sports blackout rule. Expect the NFL to go bankrupt within days. [Politico]

* No one expects to see “lawyer” on a Top 20 Work-Life Balance list, but there is one legal job out there coming in at number 11. [Glassdoor via Adjunct Law Prof Blog]

* Want to expose the severe problems of the over-criminalization of everything? Everyone with a warrant turn themselves in on one day. Call it “Warrant Day.” See how the system copes logistically and financially when all those citations come home to roost all at once. [Street Roots]

* Russia’s equivalent of Chief Justice Roberts advocates a return to serfdom. Now there’s an originalist! [Business Insider]

* Bow Tie Law talks about the role of discovery software in the duty of lawyers to review documents. Because document review is “legal work” when it’s about paying people a livable wage and “computer work” when it isn’t. [The Everlaw Blog]

* Before we get wrapped up in the cases the Supreme Court will decide, let’s remember all the cases it won’t decide. Because “we can tell a lot about what the court cares about—and what it doesn’t” from its cert decisions. [Slate]

* Ha. After today’s story about the debt mistakes of Lisa S., here’s the cautionary tale of one “Elie M.” [Law and More]

* Elizabeth Garrett, USC Provost, will become the next president of Cornell. Garrett will also be a tenured faculty member at Cornell Law School and is bringing along her husband, Andrei Marmor, who will also join the law school. See, this is how you hire administrators: get someone willing to do double-duty with teaching! [Cornell Chronicle]

Ed note: This post originally appeared on Peter S. Vogel’s Internet, Information Technology & e-Discovery Blog.

When the defendants could not otherwise be located and served by paper, face-to-face, two Judges ordered service on Facebook since the defendants were in Turkey and Antigua. Since Turkey “has not specifically objected to service by email or social media networking sites which are not explicitly listed as means of service” on February 20, 2014, US Magistrate Judge Thomas Rawles Jones, Jr. (Eastern District of Virginia) in the case Whoshere, Inc., v. Gokhan Orun d/b/a/ WhoNear; Who Near; whonear.me ordered that the summons and complaint could be transmitted to the defendant under Federal Rules of Civil Procedure 4(f)(3) by:

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In an increasingly competitive global economy, companies continue invest heavily in data analytics as a tool to win business. Whether the interest is to learn more about customers, or how to improve operational performance, data lines the the heart of solving the problem. While other corporate departments dominate the use of data analytical resources, in-house legal departments often go left behind.

At the core of many discovery requests are: (1) email, in a structured data environment; and (2) electronic documents, typically in an unstructured environment. Simply put, structured data requires know-how on how the software manages the data within it, and unstructured data is comprised of loose documents stored nearly anywhere that data can be saved.

Unfortunately, legal departments are often considered to be a cost center within a business and are left battling for budget. Some businesses have had the opportunity to acquire electronically stored information (ESI) tools to use in their discovery of mailboxes, documents and to help preserve data. Using review tools like these in order to maintain market position have added analytic engines (predictive coding) to their platform software while others may even offer to process data for free within the software. To date, however, no tools are readily available on the market solve the root complexity of data discovery, which is information governance with an emphasis on ESI discovery. Despite corporations’ continued efforts to converge upon the outside counsel base, pricing models for ESI services encourage misaligned interests.

double red triangle arrows Continue reading “Data Congruency: The Quick Fix for Rectifying the Industry’s Continued Disregard for Science”

Can you identify this guy?

* Quiz: Can you match the picture of the plaintiff to the landmark Supreme Court decision? [Slate]

* Ninth Circuit expedites Ed O’Bannon appeal. [USAToday]

* New NBC comedy about a law student who becomes a garbage man. Better job security, I suppose. [The A.V. Club]

* The federal prison population declined by about 4800 inmates, giving the United States… well, still the worst incarceration rate in the world, but hey, you’ve got to start somewhere. [ABC News]

* The contract attorney who sued Biglaw is living in his car and considering a career in construction. Perhaps it was a Freudian thing. [Law and More]

* Some philosophy professors are concerned about an individual getting very testy with perceived critics. Anyone want to guess the individual? [Professor David Velleman Homepage / NYU]

* In case you missed it, Howard Bashman’s announcement of our new partnership. [How Appealing]

* Middle school convinces special needs girl to allow suspected rapist to take her into a bathroom so the school can “catch him redhanded.” She gets raped. Judge dismisses the lawsuit saying he wouldn’t “second-guess” school officials. [Al.com]

Over the last two weeks, I gave a lot of thought to the email that I sent to Stephanie. Even though I do not regret telling her that I am looking for full-time work, I thought that I may have told her too much about my personal situation which might have made her feel awkward. I planned to call her and let her know that things are fine and I was just having one of those days. But before I got the chance, Stephanie called me. She wanted me to schedule a time where I can meet with her and one of her partners to discuss working full-time at her firm.

There are some things you should know about Stephanie and why I hold her in such high regard. She is the managing partner of a highly respected boutique specialty firm. She is charismatic and her knowledge of the law is encyclopedic. Some of the attorneys at her firm have moved on to Biglaw, judicial clerkships, and other prestigious positions. All of her firm’s partners and associates have solid academic and professional backgrounds.

And now she is giving me a chance to work for her.

Could this be the opportunity I have been waiting for? After the jump, I will talk about what I will be doing at Stephanie’s firm and whether this could be the end of the race. Also, read onwards for information about a special federal clerkship opportunity…

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Now, I don’t consider myself the most religious person you’re likely to meet. But I’ve had my fair share of Judeo-Christian indoctrination. And there is one phrase that has always stuck with me: “There but for the grace of God go I.”

Sure, I mostly remember the phrase as my Nana would cluckingly utter it, in a tone that seemed far less Christian than a strict textual interpretation might suggest, but the point remains. Sometimes it is necessary to appreciate the dumb luck and seemingly small and inconsequential decisions that separate your good fortune from those with far less.

That is certainly how I feel about the poor, dumb bastard who had the audacity to take on Biglaw….

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Ed note: This post originally appeared on CommLawBlog.

FCC provides “bulk upload” option for adding even more comments to the million-plus already on file – now who’s going to read them all?

When last we took a sounding of the rising floodwaters of net neutrality comments, they were 1.1 million deep and more were pouring in. That was a month ago and, we’re pleased to report, the levees have apparently held. At least we assume that to be the case because the FCC has just announced, in effect, that it’s opening the dam upstream in an apparent effort to increase the flow of incoming comments.

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Want your name on a law school? Just pony up $50 million.

* Voters in Scotland just said no to independence from the United Kingdom (although it might not have been a big deal for the legal profession if the vote had gone the other way). [New York Times]

* Congratulations to Drexel Law on a whopping $50 million gift — and its new name, the Thomas R. Kline School of Law. [Philadelphia Inquirer via WSJ Law Blog]

* The latest chapter in the “cautionary tale” of David Lola: dismissal of the contract attorney’s lawsuit against Skadden and Tower Legal. [American Lawyer]

* An office renovation for Baker Botts in Houston strips junior associates of window offices. [ABA Journal]

* How could Watson transform the practice of patent law? [Corporate Counsel]

* Are we seeing a reversal in the trend of declining prison populations? [Washington Post]

* The chorus of voices calling for Judge Mark Fuller to resign in the wake of domestic violence charges against him continues to grow. [New York Times]

* Law student sends naked selfie to her father. Hilarity ensues. [Inside Edition]

* “Is insider trading bad?” Asking for a friend. [The Atlantic]

* Judge catches law firm cheating on the page limit. Apparently, Judge Carl Barbier was well-versed in the “slightly less than double-spaced” trick. [NPR]

* What’s the matter with (statutory interpretation in) Kansas? [KSN]

* You may have heard that technology is going to gut the market for low-level lawyering. If not, here’s a wakeup call. [Forbes]

* This year’s MacArthur genius grant recipients. Is your name on the list? SPOILER: No. But a William Mitchell Law professor is. [New York Times]

* Steve Klepper’s fair-minded and favorable review of Lat’s forthcoming book, Supreme Ambitions (affiliate link). [Maryland Appellate Blog]

Ah, the easy life. For some people it is the windmill they keep tilting at, trying to find the exact right amount of effort that things work out for them, but not so much that they have to worry or stress out — about anything really, but certainly about a job. My father was like that. An unapologetic union man for over 30 years, he resisted promotions to management convinced that without union-won guaranteed yearly raises, the small bump in salary attached to the promotion would be moot in a few years and certainly not worth the extra hours and stress.

I can certainly respect that way of life (it did in fact pay for my childhood), but I never ascribed it to myself. After all, I was going to law school. I would be a professional, different and apart from unions or a real struggle for salary.

But now the struggle is real, and all I want is to not get hassled through my day.

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Look, e-discovery is not going away. Doc review (at least English language doc review) will never be high paying or sexy. But, as e-discovery becomes more and more prevalent, it will continue to become a larger part of the legal job market. So, how do you get out of the rut of sitting in a windowless room, making $10 an hour (or less), typing the date of each e-mail you read into the date field of your coding software? How about taking your knowledge of the front line ESI issues (document coding) and learn a little bit about managing ESI projects, starting with how to draft discovery? As we learned yesterday, ESI discovery can be tricky and employers mostly know that, so understanding the concepts behind it can help you move through your career.

Since Bryan Garner was just in my town last weekend, and I’ve been spending a lot of time drafting ESI discovery requests and dealing with  opposing counsel’s requests, I have been thinking a lot about drafting proper ESI discovery requests, including proper wording…

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