Allyson Haynes Stuart, The 3 “C’s” of Ethics in E-Discovery. Part One

E-discovery is inseparable from the issue of ethics. Because lawyer duties and requirements permeate the realm of e-discovery, they invariably implicate lawyers’ ethical duties. This is illustrated by the fact that the most notorious e-discovery cases are ones where lawyers are heavily sanctioned – including referral to a state bar for disciplinary proceedings. This article […]

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The 3 “C’s” of Ethics in E-Discovery Allyson Haynes Stuart – Part Two

Read Part One II. Candor F.R.C.P. 26(g) has its own Rule-11-type signature provision for discovery requests, responses and objections. If the certification of truthfulness, completeness, and propriety in law and fact violates the rule “without substantial justification,” the court is required to impose “an appropriate sanction” on counsel, the represented party, or both. Additional requirements […]

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Josh Lepchitz, The New ESI Sanctions Framework Under the Proposed Rule 37(e) Amendments

21 Rich. J.L. & Tech. 8 (2015) Author analyses Rule 37(e) amendment package to be implemented by December 1, 2015, which would provide a uniform national standard regarding the issuance of severe sanctions to address spoliation of electronically stored information (ESI). The article covers the deficiencies with the current version of Rule 37(e); considers the […]

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Victor Li, Looking back on Zubulake, 10 years later

ABA Journal, Sept. 2014 The author discusses the Zubulake cases and the consequences that the decision had for the E-Discovery industry. Referenced Authority Zubulake IV Zubulake V Fed. R. Civ. P. 26(b)(1); 37(e)   The full text is available at http://www.abajournal…

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Eric Goldman, Copying Blogger’s Posts In Disciplinary Proceeding Is Fair Use–Denison v. Larkin

The author describes Denison v. Larkin, 2014 WL3953637 (N.D. Ill. Aug. 13, 2014), a case where Plaintiff, a licensed attorney in the state of Illinois, is suing as portions of her copyrighted Blog was used as evidence against her in an attorney disciplinary proceeding. The full text is available at: http://blog.ericgoldman… Related document: Copying blogs […]

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Social Media Guidelines issued by the Social Media Committee of the Federal and Commercial Litigation Section of the New York Bar Association

The Committee has issued interesting guidelines for those many lawyers who use social media in their practice. These are some of those guidelines: “Guideline No. 1.A – Applicability of Advertising Rules” “Guideline No. 1.B: Prohibited Use of “Specialists” on Social Media” “Guideline No. 1.C: Lawyer Solicitation to View Social Media and a Lawyer’s Responsibility to […]

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Nathan M. Crystal, Using Social Media to Investigate Juror

South Carolina Lawyer 10 (Jul. 2014) Author discusses the basic principles that govern lawyers’ conduct while using social media sites, like Facebook, LinkedIn and Twitter, to obtain information in litigation about parties, witnesses, and jurors. From the article: “Several basic principles govern lawyers’ conduct. In dealing with other participants in a proceeding, lawyers must not […]

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Matt Nelson, The litigator’s Toolbelt: Predictive Coding 101

The author discusses what is predictive coding and how it differs from other tools that are in the litigators’ technology tool belts. On the one hand the article defines predictive coding while on the other it describes some other TAR tools commonly used in e-discovery, such as keyword search, concept search, discussion threading, clustering, find similar, near duplicate […]

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R. T. Oehrle & E. A. Johnson, The Structure of Predictive Coding: A Guide for the Perplexed

Date of publication not available. Paper presented at The 10th Annual Advanced eDiscovery Institute, Nov. 21-22, 2013 The goal of this paper is to characterize the structural choices of Predictive Coding solutions so as to gain a clearer delineation of the range of systems available in principle and a clearer understanding of the different advantages and […]

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Huron Consulting Group, Curtailing the Costs of E-Discovery

From the Article: “E-discovery practice continues to evolve, resulting in increasing complexity and, with it, greater risks. Recent cases and developments offer new insights and interpretations of existing issues, while new practices and technology, such as cloud computing, intelligent review technology, mobile devices/BYOD, and overpreservation add new challenges”. The full text can be downloaded at http://www.huroncon….

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