Electronic Discovery

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”

The U.S. government seems to be losing ground quickly in the PR war surrounding the case against Megaupload, the massive file-sharing site, and the company’s leader, Kim Dotcom. Just over a week ago, we learned that Quinn Emmanuel had signed on as the company’s defense team; the firm hit the ground running with a brief calling B.S. on one of the government’s objections.

And on Friday evening, news broke that the FBI may have again screwed the Megaupload pooch. The potential procedural goof was apparently severe enough that a federal judge wondered aloud if it might have killed the case…

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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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Following the federal government’s raid in January 2012 on Megaupload, the company that owned and operated the notorious file-sharing site megaupload.com, the criminal case has already started making its way through the court system. The government froze the company’s assets, and the CEO is under house arrest, but Megaupload still managed to hire some high-powered, Biglaw representation. Good for them, right?

Well, maybe not. The government has objected to Quinn Emanuel entering the case to represent Megaupload. The government cites conflicts of interest.

What are the alleged conflicts? And what does Quinn have to say about the situation?

The firm just filed a saucy brief responding to the objection. Let’s just say that Quinn isn’t taking it lying down…

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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.

– 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.

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…

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Paul Ceglia‘s war with Facebook is the ridiculous lawsuit gift that just keeps on giving.

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….

double red triangle arrows Continue reading “What’s Next for Paul Ceglia’s Facebook Suit? Secret Email Addresses and a Possible Winklevoss Connection”

Just a few weeks ago, Magistrate Judge Andrew Peck (S.D.N.Y.) spoke to several hundred people at LegalTech New York about the importance of predictive coding for the future of electronic discovery. He expressed his hope that a federal court would, sooner rather than later, officially encourage using the technology in a case.

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…

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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…

double red triangle arrows Continue reading “Judge’s Turn To Hate On News Of The World”

* How would you describe the mainstream media’s recent reporting on Citizens United? Not true, not true — and Dan Abrams explains why. [Mediaite via The Corner / Ramesh Ponnuru]

* Whether the U.S. Constitution requires marriage equality can be debated as a matter of constitutional law. But as a policy matter, is this still an open question? Even Professor John Yoo, the bane of liberals’ existence, supports same-sex marriage as a policy matter. [Ricochet]

* I support marriage equality, but I do not support glitter bombing. It’s all fun and games until someone loses an eye (and files a lawsuit over it). [Althouse]

* If you adopt your 42-year-old girlfriend, does that turn your sexual relationship with her into incest? Professor Terry Turnipseed — yes, that’s his real name — is on the case. [Slate]

* Professor Mark Fenster writes an interesting post in defense of boredom (triggered by Adminlawgate at Yale Law School). [PrawfsBlawg]

* Speaking of boredom and frustration, let’s talk about… e-discovery! [Inside Counsel]

* What’s a hot practice area for 2012? [Going Concern]

* Speaking of hot practice areas, are you an intellectual property or technology lawyer? If so, this development might interest you. [MarketWatch]

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