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:
FCC provides “bulk upload” option for adding even more comments to the million-plus already on file – now who’s going to read them all?
When last we took a sounding of the rising floodwaters of net neutrality comments, they were 1.1 million deep and more were pouring in. That was a month ago and, we’re pleased to report, the levees have apparently held. At least we assume that to be the case because the FCC has just announced, in effect, that it’s opening the dam upstream in an apparent effort to increase the flow of incoming comments.
The recent case of Brown v. Tellermate Holdings Ltd. is noteworthy for its imposition of near-terminal evidentiary sanctions, and order directing counsel and defendant to jointly pay plaintiffs’ cost of bringing motions to compel. But its important lesson is that counsel must stay abreast of continuing changes in information technologies, and critically assess client information about electronically stored information if they are to meet their duties to courts and clients.
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…
There is going to be a doc review shop at a law school. And apparently the law school is okay with that, even excited.
Ed note: Stat of the Week is a new feature that pulls custom data points from ATL Research as well as noteworthy sources across the web.
Last month at the Gaylord Opryland in Nashville, the International Legal Technology Association (ILTA) held its annual conference. As would be expected, the event generated a tremendous volume of Twitter chatter, much of it focused on statistics. The LexisNexis Business of Law blog has compiled a collection of the most compelling, quirky, or frankly speculative #ILTA14 numbers (e.g., “Prediction: 10 years 40% of the Fortune 500 won’t exist.” – Shirley Crow). Read on for more highlights.
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:
One of my all-time favorite eDiscovery cases (which isn’t actually about eDiscovery) came out a few years ago out of the somewhat-obscure Middle District of Florida. On June 6, 2006, in Avista Management, Inc., vs. Wausau Underwriters Insurance Co., Judge Gregory Presnell ordered two Tampa lawyers who had been unable to resolve their dispute over the location of an upcoming deposition to meet at the end of the month on the courthouse steps and “[A]t that time and location, counsel shall engage in one (1) game of “rock, paper, scissors.” The winner of this engagement shall be entitled to select the location[.]”
One could presume that the order was motivated by Judge Parnell’s desire to provide the USARPS (motto: “America’s Official Rock, Paper, Scissors League”) with what is almost certainly its first – and last- opportunity to opine publicly about the dangers posed to our civil litigation system from the unregulated use of weapons of mass gaming: “I guarantee you right now,” Mr. Leshem [head of the US Rock, Paper, Scissors League] said, “that both lawyers will open with paper. Lawyers open with paper 67 percent of the time, because they deal with so much paper.”
Mr. Leshem offered to officiate the match. “What I don’t want,” he said, “is some rogue element of rock-paper-scissors coming down from the bench. When the law takes rock-paper-scissors into its own hands, mayhem can occur.”
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?
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.”
The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.
OmniVere’s delivery of end-to-end technology & data consulting to position the company as a true differentiator in the global legal technology and compliance space.
CHICAGO, IL, September 29, 2014 – OmniVere today announced the creation of the company’s technology & data consulting arm and the addition of several industry-renown experts, including the former co-chairs of Berkeley Research Group’s (BRG’s) Technology Services practice, Liam Ferguson, Rich Finkelman and Courtney Fletcher.
This new consulting practice will provide and expand existing OmniVere eDiscovery consulting services to corporations, law firms and government agencies with a special focus on compliance, information governance and eDiscovery. This addition of this top talent now positions OmniVere as a true industry leader in the technology and data consulting space offering best-in-class end-to-end services.
Ferguson, Finkelman & Fletcher are nationally recognized experts and seasoned veterans in the areas of overall technology, electronic discovery, and structured data. At OmniVere, the team will be focused on all global consulting activities with respect to legal compliance, complex data analytics, business intelligence design and analysis, and electronic discovery service offerings.
The Trust Women conference is an influential gathering that brings together global corporations, lawyers and pioneers in the field of women’s rights. Unlike many other events, Trust Women delegates take action and forge tangible commitments to empower women to know and defend their rights.
This year, the Trust Women conference will take place 18-19 November in London. From women’s economic empowerment to slavery in the supply chain and child labour, this year’s agenda is strong and powerful. Speakers include Professor Muhammad Yunus, Nobel Laureate and founder of the Grameen Bank; Phumzile Mlambo-Ngcuka, Executive Director of UN Women; Mary Ellen Iskenderian, President and CEO of Women’s World Banking and many other influential leaders. Find out more about Trust Women here.