E-Discovery

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

Since the plaintiff did not a file a lawsuit against John Doe, the Texas trial court had no jurisdiction to allow the plaintiff to take the deposition of “Trooper,” an anonymous blogger who launched on on-line attack on the CEO of a company who lives in Houston. In the case of In Re John Doe a/k/a “Trooper” on August 29, 2014 the Texas Supreme Court ruled 5-4 the pre-litigation discovery seeking John Doe’s identity is unacceptable in Texas, and the discovery to learn the identity of John Doe can only proceed if a lawsuit is filed.

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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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Bert and Ernie. Peanut butter and jelly. Salt and pepper. Some things just go together; these natural partnerships add up to more than the sum of their parts. So when I came across a press release announcing a partnership between an ediscovery vendor and a law school, it made perfect…

Wait.

What?

There is going to be a doc review shop at a law school. And apparently the law school is okay with that, even excited.

What exactly is going on here?

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

A recent survey about BYOD (“Bring Your Own Device”) resulted in the finding that “78% of employees use their own mobile devices for work” and “the use of personal technology to access corporate data can be solved by better communication between both parties regarding security, data and privacy concerns.” On July 10, 2014 Webroot issued its BYOD Security Report entitled “Fixing the Disconnect Between Employer and Employee for BYOD (Bring Your Own Device)” which included these key findings:

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Lawyers, by nature, are not very optimistic people. Maybe it’s a function of assessing risk constantly — with your ass on the line no less. Or just that lawyers tend to get called in after the s**t has hit the fan, so we aren’t generally exposed to the very best of humanity.

I can no longer remember if I was an optimistic, glass-half-full kinda person before law school, but surely there was some spark in me that saw the good in people and situations. I know because I just felt that small flame of hope flickering in my chest get extinguished. And it’s all because of a job posting

So what job is so bad it has me questioning my very faith in humanity?

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Isn’t discovery fun?

Attorneys can pretty much be broken down into two categories — those who have experience with doc review, and those who have been lucky enough to avoid it. But, there will be a point in the not too distant future when the latter group will become the ultra minority. I have been preaching for years now to attorneys: “Woe unto you who fails to understand the importance of metadata.” When I am consulting with attorneys on tech issues, be it trial technology related, practice management related, or e-discovery related, I always get a large portion of attorneys who tell me (usually with their eyes), “Look, son, I haven’t needed this is the past, I don’t need it now, and I’ll never need it. Change is bad.”

Finally, I have some authority to back me up….

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

A Judge ruled it was unreasonable to ask Apple “to execute a search warrant” which “could pose problems, as non-government employees, untrained in the details of criminal investigation, likely lack the requisite skills and expertise to determine whether a document is relevant to the investigation” according to a report in Computerworld. On August 7, 2014 Chief Judge Richard W. Roberts (US District Court, District of Columbia) in the case of In the Matter of the Search of Information Associated with [REDACTED]@mac.com that is Stored at the Premises Controlled by Apple, Inc. reversed an earlier decision by a Magistrate Judge which “refused to allow a two-step procedure whereby law enforcement is provided all emails relating to a target account, and is then allowed to examine the emails at a separate location to identify evidence.”

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Ed Sohn and Joe Borstein

Ed. note: Please welcome our newest columnists, Ed Sohn and Joe Borstein of Pangea3, who will be writing about the alternative legal services market and the future of the legal profession.

Stop what you’re doing! Take a journey with us to the alternative side of the legal profession for the next few minutes (and through our ongoing column). There is a revolution happening in the practice of law. And you should join it. Or, at the very least, break out the fanny packs and the binoculars and watch. For now, stop your SmartTimer and get off the clock… because as it turns out, reading this is NOT billable. Maybe try your favorite non-billable code, like “professional development.”

Here’s the newsflash: entrepreneurs and innovators are changing the legal profession for the better, having fun, and making real money in the process. The unstoppable forces of modern business — technology, globalization, the need for sleep/food/conjugal visits — are at the gates and climbing the highly defensible ivory tower….

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Ed. note: This is the latest installment of the ATL Tech Interrogatories. This recurring feature will give notable tech leaders an opportunity to share insights and experiences about the legal technology industry.

Drew Lewis serves as eDiscovery Counsel at Recommind. His unique experiences at Recommind coupled with prior experience as a commercial litigator handling all aspects of pretrial and trial practice allows Drew to bring practical solutions to lawyers who are struggling to understand the current and future role of technology in the practice and business of law. Drew continuously fights against inefficiencies in the law and encourages lawyers to shape their own future. Drew believes that the future of the law belongs to lawyers who broaden their world view and see there is much to learn from other disciplines. His goal is to help them not just survive, but thrive as the practice continues to evolve.

1. What is the greatest technological challenge to the legal industry over the next 5 years?

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