Blog

  • Redacting Sensitive But Not Privileged Information
    Legal Updates

    Redacting Sensitive But Not Privileged Information: Surveying the Cases For and Against – PART ONE

    In an era of massive spreadsheets, expansive power points, and wide ranging email discussions, there are innumerable documents that may contain tremendous amounts of non-relevant and sensitive information which the opposing side would not be entitled to at all, except for that information’s proximity to minimal amounts of relevant information. Not all courts have come out in the same place on redacting non-responsive information, however, and there appears to be a dearth of controlling law or general consensus. In this article we will survey a cross section of relevant cases on both sides of the issue.

  • Part Two of ESI Basics: Processing
    Technology Advantage

    Part Two of ESI Basics: Processing

    This is Part Two of a continuing series on ESI basics. In this series, we cover some of the terms used most often on the tech-side of e-discovery. In Part One, my colleague, Phil Moon, provided an overview of PSTs. You can find that article here. Whether this is an introduction to you or a refresher, and whether you are an attorney, member of an in-house team or data analyst, this information may come in handy in your practice.

  • CLOUD Act
    Legal Updates

    US v. Microsoft Litigation Update: Supreme Court Dismisses Case as Moot After Congress Amends Stored Communications Act

    In January, I wrote a blog about the landmark case of United States v. Microsoft Corp. pending before the United States Supreme Court. Following publication of that blog, the Court heard oral arguments on February 27, 2018. On April 17, 2018, the Court dismissed the case as moot after Congress passed an amendment to the SCA and the Government obtained a new warrant pursuant to the amended Act. I have mixed feelings on this one. 

  • Ultra Running Takeaways For E-Discovery Success
    Technology Advantage

    Ultra Running Takeaways For E-Discovery Success

    Endurance running, specifically trail races and ultra-marathon events, is a favorite pastime activity that I have enjoyed for seven years. I have run races as short as five kilometers (3.1 miles), one longer than two hundred miles, and most at some intermediate distance. The mindfulness and problem-solving skills demanded to complete some of these events (for non-professionals!) translate well to the E-Discovery world.

  • Dennis Lim
    LitSmart News

    Quarterly Spotlight On..... LitSmart Supervisor of E-Discovery Data Services, Dennis Lim

    This Quarterly Spotlight focuses on Dennis Lim, LitSmart Supervisor of E-Discovery Data Services. Dennis and his family moved to the US from Myanmar (formerly known as Burma) in 1996 for better opportunities. At the age of 13 and speaking no English at the time, Dennis had to adapt to a new school and new environment. A desire to pay his parents back for all they have done for him, along with a love of computers, strong work ethic and ingenuity, have driven him to be successful. Dennis is also a connoisseur of electronic dance music and travels the world for the best festivals. Scott O'Neal was fortunate to learn more about what makes Dennis such a valuable team member and leader.

  • PROPORTIONALITY:  Tipping the Scale
    Legal Updates

    PROPORTIONALITY: Tipping the Scale

    In a perfect litigation world, parties would operate in good faith, draft reasonable discovery requests, answer requests completely and thoroughly, cooperate throughout the meet and confer process, and discovery would flow seamlessly. The real litigation world, however, does not usually follow this pattern. In December of 2015, the amended FRCP Rule 26(b)(1) sought to address the burdens associated with preservation and production by emphasizing proportionality and defining the scope of discovery. This article addresses the concept of "proportionality" and analyzes a recent case from the United States Disctrict Court, District of Columbia, which specifically addresses each proportionality factor.

  • TAR
    Technology Advantage

    Technology Assisted Review: Or, How I Stopped Worrying and Learned to Love a Computer Program (PART ONE)

    Recently, I began work on a complex litigation case that had millions of documents to review with many moving parts and quick deadlines that made completing assignments daunting, to say the least. We determined that simply running targeted searches to find this evidence was not the best approach, in part because the issues were broadly defined and had multiple subparts, and in part because of the sheer number of documents in the database (over 2.5 million records). As an alternative, we decided to utilize technology assisted review or “TAR” (also known in the industry as predictive coding). What follows is my impression of the tool.

  • Part One of ESI Basics: PSTs
    Technology Advantage

    Part One of ESI Basics: PSTs

    This is Part One of a continuing series on ESI basics. In this series, we will cover some of the terms used most often on the tech-side of e-discovery. Whether this is an introduction to you, or a refresher, and whether you are an attorney, member of an in-house team, or data analyst, we think this information may come in handy in your practice.