It has been a busy week in the e-discovery world. On Wednesday, a county court in Virginia ordered litigants to use predictive coding, despite the plaintiff’s objection. Last week, the plaintiffs in Da Silva Moore v. Publicis Groupe et al. tried to boot Magistrate Judge Andrew Peck from the case, as well as roll back his landmark ruling, which endorsed the technology for the first time.
Well, despite the haters, no one can stop the march of progress. A federal judge weighed in on Da Silva Moore yesterday. It looks like the score is Robots 1, Old-school Attorneys 0….
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…
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.
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…
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[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.
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…
We have covered the inveterate scam artist’s losing court battle for an ownership stake in Facebook time and time again. We can’t help it, because the stuff still being disclosed continues to be so absurd.
Last time we mentioned the case, the court had ordered Ceglia to pay Facebook’s legal bills to the tune of $75,776. But we ain’t done yet.
Yesterday, Facebook lawyers from Gibson Dunn and Harris Beach filed another motion to compel. This time they are seeking information about Ceglia’s suspiciously named secret email addresses, as well as a possible connection to the Biglaw firm that used to represent Mark Zuckerberg’s other arch nemeses — the Winklevoss twins….
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…
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…
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
Are you challenged by the costs and logistics of maintaining your office, distracting you from the practice of law?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Everyone is talking about the importance of Social Media in Corporate America. But it is relatively safe to say that most law firms and lawyers are slightly behind the social curve. Most lawyers, at minimum, use LinkedIn, for networking. Some even use Twitter for pushing out short, pithy content, while many have Blogs, where they write their little hearts out. The adage “it is better to give than to receive” is not always true though in the world of Social. In the Social World – it is best to listen, give back and engage.
Social Media is a communications tool that can deeply educate you about the needs and wants of your clients and prospects when used in conjunction social media monitoring and sharing tools.
Take this quick quiz and see if you know how to use Social to help you engage more with your clients or to better service the ones you have.