Document Review

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…

double red triangle arrows Continue reading “Virginia Judge Orders Predictive Coding, Despite Plaintiff Objections. Is This the Start of a New Era?”

We’ve covered the trials and tribulations — and occasional dishonorable public unveiling — of anonymous internet commenters before. And we have learned that just because someone comments anonymously does not mean no one can find out their identity.

A Texas couple, a day spa owner and a prominent attorney, won a large defamation suit against would-be anonymous commenters last week, showing once again that your secret identity is never as secret as you might hope.

The couple may not be billionaires, but after the massive defamation verdict, which stemmed from untrue criminal accusations made online, they might feel compelled to start rocking out to a milli, a milli, a milli, a milli

double red triangle arrows Continue reading “Texas Couple Wins Massive Defamation Verdict Against (No Longer) Anonymous Commenters”

Over the last couple of months, we have written a few stories about Magistrate Judge Andrew Peck. Judge Peck generated headlines as the first federal judge to approve a litigation protocol for e-discovery that included predictive coding technology.

For a while, the story was pretty happy-clappy. It was a start of a new era. E-discovery — through predictive coding that had now arrived — would be cheaper, more efficient, and faster. Yay!

But, alas, all is not well in this legal technology paradise. One of the parties in Da Silva Moore v. Publicis Group, the case that started this whole saga, has requested that Judge Peck recuse himself.

They say his enthusiasm for predictive coding crosses the line into partiality…

double red triangle arrows Continue reading “Plaintiffs Trying To Get Judge Peck Bounced from Landmark Predictive Coding Case”

With the assistance of Above the Law’s Research Corner, you’ll be able to access white papers from leading legal technology companies. From in-house e-discovery matters, to the latest news on predictive coding, you’ll be able to find solutions for all of your technological problems just by signing up.

We’ve recently added some new topics to our collection in the Research Corner, including:

  • Datacert: Customer Success Story – Walmart
  • Dell DX & Symantec Solution Brief: Store, Manage, and Discover Critical Business Information with a Complete Archiving Solution
  • FTI Consulting: Advice from Counsel 2011: An Inside Look at Streamlining E-Discovery Programs
  • 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)
  • Recommind: Predictive Coding: The Next Phase of Electronic Discovery Process Automation
  • TCDI: Concept Technology for Streamlining Document Review

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

[C]omputer-assisted review… should be seriously considered for use in large-data-volume cases where it may save the producing party (or both parties) significant amounts of legal fees in document review. Counsel no longer have to worry about being the “first” or “guinea pig” for judicial acceptance of computer-assisted review.

– Magistrate Judge Andrew J. Peck (S.D.N.Y.), in last week’s opinion in Da Silva Moore v. Publicis Groupe et al. We have previously covered Judge Peck’s comments in Da Silva Moore and his thoughts on compter-assisted review.

I hate to invoke a cliché, but “David versus Goliath” captures the challenge a smaller firm faces when litigating against an Am Law 200 firm. A small firm can feel like David when facing a larger firm that can bring more resources to bear on legal research, drafting motions, reviewing documents, etc.

The challenge increases when applied to clients. Many of my firm’s initial clients were startups or emerging companies with limited litigation budgets. Their adversaries often were much larger, established companies with seemingly unlimited budgets. Thus, we faced not only the challenge of litigating against brand-name firms with hundreds of attorneys, but we also initially had clients who simply could not afford to spend as much in legal fees as their well-heeled opponents.

So how can a small firm, especially representing a smaller company, effectively litigate against a proverbial army of lawyers representing a client to whom money is no object?

double red triangle arrows Continue reading “From Biglaw to Boutique: The Bigger They Are, The Harder They Fall”

Howrey dissolved almost an entire year ago, but its bones are still filling warehouses and servers across the world, and costing hundreds of thousands of dollars in storage fees.

The firm’s estate is embroiled in the painstaking process of destroying old files or returning them to former clients. There is still a long, long way to go. In today’s Washington Post, we get to see a vivid illustration of the problems involved in putting to rest a massive law firm that bridged the paper and electronic eras.

It is also a good cautionary tale for other firms: these documents will not just go away, even if your firm bites the dust…

double red triangle arrows Continue reading “Howrey’s Old Client Files Are Neither Gone Nor Forgotten”

Just a few weeks ago, Magistrate Judge Andrew Peck (S.D.N.Y.) spoke to several hundred people at LegalTech New York about the importance of predictive coding for the future of electronic discovery. He expressed his hope that a federal court would, sooner rather than later, officially encourage using the technology in a case.

Shortly after participating in the panel, Judge Peck fulfilled his own wish. Last week, he became what appears to be the first federal judge to order litigants to use the cutting-edge technology in a case.

Let’s look at the details, as well as take a little refresher on predictive coding…

double red triangle arrows Continue reading “The Future Has Arrived: For the First Time, Judge Orders Predictive Coding in a Federal Case”

Only God can save you now, James. Not sure if he's interested, though.

It might have seemed impossible, but things have gotten worse for those involved in the News of the World phone hacking scandal.

In addition to all the other evidence against the now defunct newspaper, which was run by James Murdoch, the son of everyone’s favorite terrifying Australian media baron, new email evidence — that investigators literally pulled out of a box in an abandoned office — indicates that the younger Murdoch should have known exactly what was going on.

This isn’t a smoking gun e-mail. It’s a smoking gun, fingerprints, and well-fit glove…

double red triangle arrows Continue reading “Judge’s Turn To Hate On News Of The World”

* The fact that this guy got so drunk off of beer pong means he’s probably the best pong competitor who has ever lived. [New York Post]

* This is the best document review job ever. I’m not joking. Does $85/hour sound like a joke? You might need to learn Japanese, though. [Constitutional Daily]

* I wonder how this will affect the inevitable occasions on which I accidentally post drunken political rants on Above the Law’s Twitter feed. [Corporate Counsel]

* New York Times reporter David Segal has made major waves for criticizing law schools. Can other people make waves for criticizing David Segal? [Blueprint LSAT Preparation]

* Lat was on Minnesota Public Radio today giving a measured defense of unpaid internships. Kids at my high school were unpaid interns all the time. It was no big deal. (By the way, ATL is seeking a paid intern.) [Minnesota Public Radio]

* Baker Botts just elected a new managing partner. Congratulations to Andrew M. Baker! [Tex Parte Blog]

* Earlier today, the internet temporarily exploded when the Ninth Circuit issued its opinion declaring Prop 8 unconstitutional. Here are comments from David Boies and Ted Olson, the lawyer heavyweights who argued the case. [Metro Weekly]

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