Computer Infections: The Cure Can Kill

I must admit, I like the title that the editors at the National Law Journal came up with for Fabio Celeita’s and my article: “Computer infections are bad enough, but the cure can kill” (premium subscription required). Our article provides a basic overview of the threats to electronically-stored information, let alone to a legal team’s [...]

August 24th, 2009 | Category: Collections, Review, Sanctions | Leave a comment

How to Look Like a Rube in Three Easy Steps

Josh Gilliland and his always-entertaining “Bow Tie Law’s Blog” turn this week to the case of In re NetBank, Inc., 2009 U.S. Dist. LEXIS 69031 (N.D. Ga. Aug. 7, 2009), in which the producing party went to great lengths to prove to opposing counsel and the court that they knew absolutely NOTHING about e-Discovery.

The Defendants [...]

August 20th, 2009 | Category: FRCP, OCR, Review, Searching | One comment

Failure to Dedupe: Unethical?

Anne Kershaw and Joe Howie write on the Law Technology News website about the results of their survey among eDiscovery providers.  The gist of their article – and it’s a good one – is that failure to deduplicate e-mails across custodians may be at best sloppy, and at worst unethical:

We asked several judges to review [...]

August 6th, 2009 | Category: Collections, Metaposts, Misconduct, Sanctions | Leave a comment

Clowns To The Left Of Me, Partners To The Right

Wendy Akbar of Quarles & Brady blogs about how e-discovery practice is turning the traditional partner-associate dynamic on its ear.  The wizened (and aged) partners end up being rank newbies where e-discovery is concerned, while the baby associates tend to have a much greater grasp of the technology behind the ESI.  (The analogy of associates [...]

August 3rd, 2009 | Category: FRCP, Sanctions | Leave a comment