E-Discovery

Jonathan Vilma

* This is the job that I want. Just running around New York City, and telling people they suck. [Dealbreaker]

* New Orleans Saints linebacker Jonathan Vilma has filed a lawsuit against NFL Commissioner Roger Goodall. I’ve got $100 for anyone who takes Vilma’s lawsuit out with a summary judgment. [New Orleans Times-Picayune]

* The story of Dewey & LeBoeuf, as told through numbers. Legacy Dewey Ballantine folks aren’t going to love this. [Adam Smith Esq.]

* Isn’t this the best way to explain what it’s like to be white? [Kotaku]

* What will the legal profession look like when your kids are going to law school? [Hellerman Baretz]

* Speaking of having children, I wonder if I will become more “prude” when I’m a parent, or at least more critical of graphic displays of sexuality. [Popehat]

* You shouldn’t let your client bring notes to a deposition. Otherwise you will have a huge a-hole. [What About Clients?]

* The Da Silva Moore case already reads like a reality TV show. Is something more pernicious going on beneath the surface? [Ride the Lightning]

It has been quite a while since we have covered a grand mal discovery screw-up here at Above the Law. For a while, we almost started to believe the legal industry as a whole had finally caught up to technology — or at least had figured out how to keep major mistakes under the radar.

Well, our dry spell has ended. As we mentioned yesterday in Non-Sequiturs, the California office of a Biglaw firm handling some high-profile litigation for Goldman Sachs accidentally released an unredacted version of some files that the firm and its clients have spent years trying to keep secret.

Oopsies…

Keep reading to learn more about the case and see which firm reportedly disseminated evidence of the bank’s “naked” short selling…

double red triangle arrows Continue reading “Which Biglaw Firm Accidentally Released Embarrassing, Unredacted Documents About Goldman Sachs?”

We have been covering the ongoing saga of Da Silva Moore v. Publicis Groupe et al., the federal case at the forefront of emerging predictive coding technology, for several months now. At first we were like, “Ooooh! A federal judge likes predictive coding!” And then we said, “Uh oh, looks like trouble in paradise.” And then things seemed to get better for a while, and we thought we might get a Hollywood ending to the dispute.

But we may have to wait for a while longer for the grand musical finale. Because it looks like, as of a new ruling from Monday, it looks like the predictive coding party has been temporarily called off.

So far, Magistrate Judge Andrew Peck has been at the center of the controversy. His open enthusiasm for the technology (which we covered before Da Silva ever made headlines) has been the source of much legal wrangling. And the question now seems to be: is Judge Peck still willing to go to the mat over predictive coding?

double red triangle arrows Continue reading “Predictive Coding Debate Rages On: Judge Peck Stays Discovery in Groundbreaking Case”

For a couple of centuries, we thought that American elections were precise: People voted; the government counted each vote; we knew which candidate received how many votes.

In the year 2000, we learned that elections are approximations. Votes are miscounted; chads dangle; we don’t in fact know precisely who received how many votes. Elections are a human process after all, and they can’t bear the weight when we insist on precision within the margin of error.

So, too, with litigation. I recently spoke to one of our outside litigators who had seemingly vanished from the face of the earth for several weeks. He told me that one of his clients had run into a now-typical e-discovery disaster: His client had overlooked some documents; a computer system had automatically deleted some other documents; when the client corrected the situation, it did so imperfectly; the judge (who came from a government background and had no experience in private civil litigation) was quick to spy “bad faith.” Why, this outside lawyer asked, don’t judges appreciate the difficulties presented by e-discovery?

My thesis (for today, anyway) is that e-discovery is like elections: It’s an approximation, and participants in litigation (parties, counsel, courts) should understand that it may not bear the weight when the judicial system insists on precision within the margin of error . . . .

double red triangle arrows Continue reading “Inside Straight: Why Are Elections Like E-Discovery?”

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….

double red triangle arrows Continue reading “Attempt To Overturn Judge Peck’s Controversial Predictive Coding Ruling Denied; Robots Win the Day”

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.

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