E-Discovery

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:

double red triangle arrows Continue reading ““BYOD Bill of Rights” May Help Concerns about Privacy”

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?

double red triangle arrows Continue reading “Why The New Normal For Document Review Spells Disaster”

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….

double red triangle arrows Continue reading “Is It Ethical To Not Understand How E-Discovery Works? CA State Bar Does Not Think So”


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.”

double red triangle arrows Continue reading “Court Grants Search Warrant to Entire Apple eMail Account for [REDACTED]@mac.com”

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….

double red triangle arrows Continue reading “alt.legal: Stop What You’re Doing!”

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?

double red triangle arrows Continue reading “The ATL Tech Interrogatories: 7 Questions With Drew Lewis From Recommind”

huronEd. note: This is the first 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.

Jon Resnick, Managing Director at Huron Legal, is an accomplished senior sales and field operations leader with more than 15 years’ experience running successful sales, marketing and consulting organizations in the legal services arena. As Managing Director and Global Sales Leader for Huron Legal, Jon’s focus is on expanding the business, establishing consistent sales methodologies across the organization and bringing new operational sales disciplines to the growing business development group. In addition, Jon serves as a member of Huron Legal’s executive team and works closely with those leaders to ensure the sales organization is aligned in strategy with the multitude of services Huron Legal provides.

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

double red triangle arrows Continue reading “The ATL Tech Interrogatories: 7 Questions With Jon Resnick From Huron Legal”

Isn’t discovery fun?

You sometimes hear Biglaw litigators complain about courts not publishing enough opinions about discovery issues. Discovery (especially e-discovery) is such a major — and majorly expensive — part of the complex litigation in which large firms specialize, but there aren’t that many decisions on the books over such nuts-and-bolts issues as responsiveness, privilege, and work-product doctrines.

So it’s noteworthy that the Massachusetts Appeals Court just issued an opinion featuring extended discussion of the work-product doctrine. Some Boston Biglaw litigators will surely welcome the additional guidance on this subject.

But not all of Boston Biglaw will be pleased by this decision. Certainly not the major firm that could wind up getting hit with sanctions as a result….

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Judge Diarmuid O’Scannlain (my former boss)

* Virginia is for lovers — gay and straight alike. Judge Arenda L. Wright Allen (E.D. Va.) just struck down the state’s ban on same-sex marriage (but stayed her ruling pending appeal). Happy Valentine’s Day! [Washington Post]

* The Ninth Circuit, in an opinion by Judge Diarmuid O’Scannlain, issued a major Second Amendment ruling. Is it correct, and what will happen next? Professor Eugene Volokh shares his thoughts. [Volokh Conspiracy; Volokh Conspiracy]

* Which leading law firms are trying to make the Comcast/Time Warner Cable monstrosity into reality? [American Lawyer]

* Did a Biglaw firm make a big-time mistake by blowing a deadline to appeal a $40 million verdict? [Law360 (sub. req.)]

* Speaking of screw-ups, making them in the e-discovery realm can be costly — a lesson that California is learning the hard way, to the tune of $32 million. [ACEDS]

* Former New Orleans Mayor Ray Nagin thought he’d be acquitted; he thought wrong. [ABA Journal]

* George Washington wasn’t a member of the one of the 8 magic groups — but his story still illustrates the truth of The Triple Package (affiliate link), according to Washington biographer Logan Beirne. [Fox News]

* Authorities have made an arrest for the package bombing that killed a retired Tennessee lawyer and his wife. [CNN]

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