Last week I wrote a story asking the question, “How important is it for law schools to teach students about electronic discovery?” The post stemmed from a perturbed tipster, who lamented the fact that her alma mater had decided to offer a class exclusively dealing with the subject.
The poll results were interesting. Most of you said the subject is definitely worth learning in school, despite its alleged unsexiness.
Additionally, I received an letter a few days after the story ran, signed by 14 attorneys, including small firm and Biglaw partners, tech company leaders, and one state judge, who wanted to give their collective opinion on the issue.
Technophiles will appreciate the note, although some young lawyers might find it an ominous sign of document review work to come. Let’s take a look at what these decision-making readers had to say…
We have been covering the Justice Department’s case against Megaupload, the formerly massive file hosting site, ever since the government shut it down in January.
We have seen the government’s piracy case devolve from a slamdunk into a slopfest with what appears to be less and less of a chance of successful prosecution. Although charismatic CEO Kim Dotcom is still under house arrest in New Zealand, judicial officials there are getting frustrated with the United States. And the company’s attorneys at Quinn Emanuel are still continuing their assault against the Feds. The firm filed two important briefs yesterday, which could significantly impact the future of the case…
It is no secret that electronic discovery is not exactly fun or glamorous work. Entry-level associates who have to do document review almost universally hate it. But how important is it, really? Can one deny that e-discovery has become a crucial part of the litigation system?
Has it become important enough to merit its own class in law school? At least one Midwestern law professor thinks so. Read about his plan to integrate it into his law school, and let us know your opinion in our reader poll…
* 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?]
It has been quite a while since we have covered a grand mal discoveryscrew-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.
Keep reading to learn more about the case and see which firm reportedly disseminated evidence of the bank’s “naked” short selling…
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?
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 . . . .
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.
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 seven years. You can reach them by email: firstname.lastname@example.org.
Things have changed recently in Korea – a few of our US and UK client firms are looking, very selectively, for a lateral US associate hire. Until just recently, there was not much hiring like this going on in Korea, since US and UK firms started opening offices there. We have already placed two US associates in Korea in the past month at top firms. Most of the hiring partners we work with in Korea do not actively work with other recruiters.
If you are a Korean fluent US associate in London, New York or another major US market, 2nd to 6th year, at a top 20 firm, with cap markets or M&A focus (or mix), or project finance background, and you are interested in lateraling to Korea to a top US or UK firm, please feel free to reach out to us at email@example.com or firstname.lastname@example.org. Our head of Asia, Evan Jowers, was just in Korea recently, and Evan and Robert Kinney will be in Korea in a few weeks. We are in the process of helping several firms open new offices in Korea (a number of which are interviewing our partner level candidates) and also helping existing offices there fill openings.
Professor Joel P. Trachtman has developed a unique, practical guide to help lawyers analyze, argue, and write effectively.
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