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Spoliation Sanctions: The Tide is Turning, Goliath is Smiling

Since e-discovery law first began in the nineteen-nineties the problem of spoliation and sanctions has primarily been that of large corporations. In the classic David and Goliath scenario, typical for...

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My Basic Plan for Document Reviews: The “Bottom Line Driven” Approach – Part...

This is part three of the series by Ralph Losey explaining his document review strategy. Please read part one and part two first. Relative Speeds of Review Assuming your document review project is...

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Top Ten e-Discovery Predictions for 2014

Here are my top ten predictions for what will happen in 2014 in our world of electronic discovery. My tenth prediction, which is not necessarily the least important, is tied to Malcolm Gladwell’s new...

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The Psychology of Law and Discovery

Reasonability is a core concept in the law, right up there with the idea of justice itself. It not only permeates negligence law, it underlies discovery law as well. For instance, a party in...

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Fears and Loathing (and Pain) in Seattle: a Case Lesson in How NOT to...

A recent case in Seattle provides a text-book example of how not to do e-discovery. It concludes with a sanctions order against the defendant, and the defendant’s law firm, Payne & Fears LLP. The...

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Fears and Loathing (and Pain) in Seattle: a Case Lesson in How NOT to...

This is part two of a two-part blog, Fears and Loathing (and Pain) in Seattle. Part one is found here. This is not really a Hunter S. Thompson worthy story, but it is Seattle after all. And the name of...

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What Can Happen When Lawyers Over Delegate e-Discovery Preservation and...

Bad things tend to happen when lawyers delegate e-discovery responsibility to their clients. As all informed lawyers know, lawyers have a duty to actively supervise their client’s preservation. They...

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2015 e-Discovery Rule Amendments: Dawning of the “Goldilocks Era”

This blog presents my summary, analysis, and personal editorial comments on the 2015 Amendments to the Federal Rules of Civil Procedure that pertain to electronic discovery. The new rules go into...

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Five Tips to Avoid Costly Mistakes in Electronic Document Review – Part 2

This is part-two of my words and videos blog on Five Tips to Avoid Costly Mistakes in Document Review. Part One gave an introduction and explained the first tip, the Time factor, talking about the...

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Announcing Release of My New Book: E-DISCOVERY FOR EVERYONE

My new book was just released, e-Discovery for Everyone. It can be purchased online directly from the publisher, the ABA. You can also call ABA Customer Service at 800-285-2221 Monday-Friday between...

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Top Twenty-Two e-Discovery Opinions of 2016 – 8th and 7th

This is the eighth in a twelve-part installment on the twenty-two cases that were the most interesting in 2016. This installment covers the eighth and seventh most interesting. Cahill v. Dart, No....

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Top Twenty-Two e-Discovery Opinions of 2016 – 6th and 5th

This is the ninth in a twelve-part installment on the twenty-two cases that were the most interesting in 2016. This installment covers the sixth and fifth most interesting. Hespe v. City of Chicago,...

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Top Twenty-Two e-Discovery Opinions of 2016: Number Three

Here is the e-Discovery Team’s third most interesting e-discovery opinion of 2016. In re Takata Airbag Prods. Liab. Litig., No. 15-02599-CIV-Moreno, MDL No. 5-2599 (S.D. Fla. Mar. 1, 2016). THIRD – In...

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The Top Twenty-Two Most Interesting e-Discovery Opinions of 2016

This 30,000+ word essay describes the e-Discovery Team’s top twenty-two most interesting cases in 2016. Click here to download a PDF version. We provide an analysis and key quotes of each, lessons...

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Lawyers’ Job Security in a Near Future World of AI, the Law’s “Reasonable Man...

Does the inevitable triumph of AI robots over human reason and logic mean that the legal profession is doomed? Will Watson be the next generation’s lawyer of choice? I do no think so and have written...

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Lawyers’ Job Security in a Near Future World of AI, the Law’s “Reasonable Man...

This is the second and concluding section to the two-part blog, Lawyers’ Job Security in a Near Future World of AI, the Law’s “Reasonable Man Myth” and “Bagley Two.” Click here to read Part One....

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“e-Discovery For Everyone”– The Latest Book Published by the American Bar...

Here is the video promo for my new book, e-Discovery for Everyone (ABA, 2017). It can be ordered online now from the ABA and is coming soon to Amazon. (I was going to appear on the Tonight Show to push...

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The Nine Tasks the California Bar Says an Attorney Must Know to be Competent...

The California Bar issued an important ethics ruling in mid-2016 that all lawyers should know about. The State Bar of California Standing Committee on Professional Responsibility and Conduct Formal...

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The Importance of Witness Interviews: ‘What Happens in Vegas Shouldn’t Stay...

A discovery order in Vegas shows the importance of witness interviews and what can happen when you take a cavalier attitude towards preservation. Small v. University Medical Center,  Case No....

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Second Circuit Uses “Klipsch” to Speak Loud and Clear on e-Discovery Misconduct

Klipsch makes some of the best speakers in the world, especially their high-end Klipschorn speaker series shown here. The Second Court of Appeals used a Klipsch in a dispute recently to sound an alarm...

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