Electronic Discovery
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Job Searches, Law Schools
Finally, Some New Jobs For Law School Graduates
A new, growing program offers recent grads an opportunity to work and train with a leading third-party legal services provider. -
Litigators, Small Law Firms, Solo Practitioners, Technology
Why Excel Is The Most Underappreciated Program In Your Law Office
Do you know all the ways you can use Microsoft Excel to increase your productivity? - Sponsored
Early Adopters Of Legal AI Gaining Competitive Edge In Marketplace
How to best leverage generative AI as an early adopter with ethical use. -
eDiscovery
Are Attorney-Expert Communications Discoverable in Pennsylvania? (Almost never) -- Some Clarity from the Appellate Courts
In Pennsylvania, testifying experts usually are not deposed before trial; typically, their written reports are provided in advance of trial and delineate the substance and scope of their testimony. Attorneys often wish to communicate with their client's expert and comment on drafts of the reports. Until April 2014, the law was not clear whether these communications were discoverable. This uncertainty made it problematic and potentially perilous for a party's attorney to communicate with the party's testifying expert, particularly in advance of the disclosure of the expert's report. In Barrick v. Holy Spirit Hosp. of the Sisters of Christian Charity, No. 2014 WL 1688447 (Pa. Apr. 29, 2014), the Justices of the Supreme Court of Pennsylvania took up the issue of the discovery of attorney-expert communications and split 3-3. This left intact the Superior Court’s bright-line rule preventing discovery of attorney-expert communications—a rule now to be applied by Pennsylvania trial courts.
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eDiscovery, Technology
Refuse to Provide Electronically Stored Information in Response to a Subpoena? You Could Face Sanctions
The California Court of Appeal recently provided rare guidance regarding a third party’s obligations to produce electronically stored information (ESI) in response to a subpoena. In Vasquez v. California School of Culinary Arts, Inc. (Sallie Mae) (August 27, 2014, B250600) Cal.App.4th (2014 WL 4793703), the court defined subpoenaed parties’ obligations to extract existing data from computer systems and upheld an award of attorneys’ fees against the recalcitrant third party. The court concluded that it is unreasonable for a third party to withhold ESI that exists in its computer systems on the basis that outputting the ESI entails creating a “new” spreadsheet. -
eDiscovery
Tread Lightly: eDiscovery Greed May Leave You With None At All
On July 14, 2014, the Court in United States v. University of Nebraska at Kearny (No. 4:11CV3209) took a significant step in support of Federal Rules 1 and 26. Magistrate Judge Cheryl R. Zwart denied plaintiff’s motion to compel defendants to use plaintiffs’ proposed search terms to cull electronically stored information (ESI) for review and production. The Court’s order effectively discharged defendants’ obligation to produce any ESI. And the Court issued this order notwithstanding both that 1) the parties had agreed to a stipulation summarizing protocol for the production of ESI shortly after the outset of the case, and 2) plaintiff previously produced ESI as part of its production to defendants’ discovery requests. In short, plaintiffs’ unwillingness to fairly compromise as to the breadth of search terms aimed at reasonably limiting the scope of ESI production came back to bite. -
9th Circuit, Biglaw, Books, Crime, Diarmuid O'Scannlain, Eugene Volokh, Gay, Gay Marriage, Guns / Firearms, Mergers and Acquisitions, Morning Docket, Screw-Ups, Violence
Morning Docket: 02.14.14
* 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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Biglaw, Continuing Legal Education / CLE, Contract Attorneys, Document Review, In-House Counsel
The Brave New World of Electronic Discovery
Now that I am in-house, I would have a conniption fit if a firm tried to staff a slew of expensive associates on what is essentially monkey work. -
Copyright, Cyberlaw, Department of Justice, Entertainment Law, Technology
MegaMeltdown: New Zealand's Prime Minister Apologizes to Kim Dotcom
Kim Dotcom strikes another victory, this time in the form of a personal apology from New Zealand's prime minister. - Sponsored
Profit Powerhouse: Elevating Law Firm Financial Performance
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Cars, Cyberlaw, Department of Justice, Federal Government, Intellectual Property, Technology
Kim Dotcom Can Finally Pay His Lawyers; And There Will Be Much Rejoicing
A New Zealand Court allowed the Megaupload leader to have access his money so his lawyers can finally get paid... -
Cars, Cyberlaw, Department of Justice, Entertainment Law, Federal Government, Intellectual Property, Technology
The DOJ Wishes Megaupload Would Just Die Already
What's happening these days in the DOJ's case against Megaupload? -
11th Circuit, Attorney Misconduct, Biglaw, Federal Judges, In-House Counsel, Legal Ethics, Litigators, Litigatrix, Partner Issues, Scott Rothstein, Screw-Ups
Benchslap of the Day: Judge Cooke Sanctions Greenberg Traurig and TD Bank
Judge Cooke has ruled on the motion for sanctions against TD Bank and its former counsel, Greenberg Traurig. What did she decide? -
Document Review, Job Searches, Ridiculousness, Technology
This 'Refreshing' Document Review Job Ad Is Actually Just Annoying And Unprofessional
Does this company want document review attorneys or “camp counselors?” -
Cyberlaw, Defamation, Divorce Train Wrecks, Drugs, Racism, Rape, Technology, Texas
Don't Mess With This Texan: He is One Tough Underdog
The continuing saga of a small town, East Texas lawyer that could easily turn into the next three-hour, Oscar-winning Daniel Day Lewis epic...
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Early Adopters Of Legal AI Gaining Competitive Edge In Marketplace
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Cyberlaw, Department of Justice, Entertainment Law, Federal Government, Intellectual Property, Technology
DOJ Case Against Megaupload Continues Crumbling, and I Have To Admit It's Fun to Watch
A New Zealand judge rules the search warrant conducted against Kim Dotcom illegal, and schadenfreude starts to kick in… -
Copyright, Department of Justice, Intellectual Property, Technology, Twittering
What's Happening In the Megaupload Case? Also: Kim Dotcom Joins Twitter, Uses It To Make Legal Jokes
What are the most recent updates in the Megaupload copyright case? And as a bonus, let's take a look at Kim Dotcom's new Twitter feed… -
Biglaw, Boutique Law Firms, Document Review, Law Schools, Small Law Firms, State Judges, Technology
E-Discovery in Law School: Yes, You Need to Learn This Stuff
Do law students need to learn about electronic discovery? Uh, yes. Yes they do. -
Biglaw, Copyright, Cyberlaw, Department of Justice, Entertainment Law, Federal Government, Federal Judges, Intellectual Property, Technology
The Justice Department Appears to Be Losing the Battle Against Megaupload
With several new court filings, the Department of Justice's case against Megaupload continues to unravel… -
Document Review, Intellectual Property, Law Schools, Reader Polls, Technology
Law School Classes on Electronic Discovery: Important and Informative, or a Waste of Time? Discuss Amongst Yourselves
Should law schools offer classes on electronic discovery? Take our reader poll! -
Biglaw, Depositions, Dewey & LeBoeuf, Dewey Ballantine, Football, Law Schools, Non-Sequiturs, Sex
Non-Sequiturs: 05.17.12
* 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] -
Biglaw, Document Review, Email Scandals, Goldman Sachs, Screw-Ups, Technology
Which Biglaw Firm Accidentally Released Embarrassing, Unredacted Documents About Goldman Sachs?
A Biglaw firm accidentally released an unredacted version of documents it had previously spent lots of time and money intentionally trying to keep sealed. Oops!