Ediscovery

  • Jason Krause

Privilege Waiver: You Can’t Unscramble Those Eggs
Privilege Waiver: You Can’t Unscramble Those Eggs 150 150 Jason Krause

In theory, protecting your privileged attorney-client work product should be a straightforward and simple matter. In a new ruling out of Ohio, Inhalation Plastics, Inc. v. Medex Cardio-Pulmonary, Inc., (S.D. Ohio Aug. 28, 2012), all the defendants had to do was mark documents as confidential, and make sure not to produce them to opposing counsel.…

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  • Jason Krause

Courts Set the Bar for Social Media Discovery
Courts Set the Bar for Social Media Discovery 150 150 Jason Krause

Being in the legal technology field can be frustrating. Technology changes fast but the law moves slowly, deliberately, and often in convoluted ways. You have to somehow stay ahead of the technology curve while waiting for the courts to catch up. It wasn’t until 2006 that federal courts were able to get the basic rules…

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  • Jason Krause

Protecting Attorney-Client Privilege: Why Are Lawyers So Bad At It?
Protecting Attorney-Client Privilege: Why Are Lawyers So Bad At It? 150 150 Jason Krause

When lawyers are managing eDiscovery there are really just three things they need to know for every document – is it responsive, non responsive, or privileged. Responsive they give to opposing counsel, non-responsive they ignore, and privileged documents must be protected. Are lawyers bad at protecting attorney-client privilege?     As the U.S. Supreme Court…

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  • Jason Krause

eDiscovery Failures and Sanctions on the Rise
eDiscovery Failures and Sanctions on the Rise 150 150 Jason Krause

If it seems like there’s been a lot of eDiscovery sanctions lately, it’s not an illusion. The number of parties and lawyers being hit with sanctions and adverse inferences for eDiscovery failure are, in fact, on the rise. Obviously, sanctions are a bad thing, but it’s also a sign of maturity in the law. Last…

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  • Nextpoint

Too Many Cooks in eDiscovery
Too Many Cooks in eDiscovery 150 150 Nextpoint

A guest-post by Joshua Gilliand of Bow Tie Law   There are phrases a lawyer never wants to hear a judge say. One is your law firm “acted negligently in failing to comply with its eDiscovery obligations.” Another is your client “acted willfully in failing to comply with its discovery obligations and assist its outside counsel…

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  • Jason Krause

Data Storage: Two Terabytes of Data Too Much?
Data Storage: Two Terabytes of Data Too Much? 150 150 Jason Krause

It’s hard to believe in 2012 that two terabytes of data storage is too much for anyone to handle, especially a government agency. But according to Law.com, the DEA is no longer pursuing extradition for drug charges against a doctor because it doesn’t want to bear the cost of storing that amount of case evidence.…

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  • Jason Krause

Forget Defensible Deletion. Think Defensible Storage.
Forget Defensible Deletion. Think Defensible Storage. 150 150 Jason Krause

Defensible deletion is one of those topics lawyers have been hearing about a lot lately. Unfortunately, it’s also a subject that just means headaches for lawyers. Just this week, a poorly run deletion policy has had an enormous and possibly devastating affect on a major lawsuit. A Federal judge has hit Samsung with an adverse…

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  • Jason Krause

Small Firms Can Compete in eDiscovery
Small Firms Can Compete in eDiscovery 150 150 Jason Krause

Get Our Free White Paper to Learn How. Small firms might imagine eDiscovery is like a John Grisham movie, where a plucky young attorney practicing law in a rundown office is hopelessly outgunned by a large, well-heeled law firm. There certainly was a time when big law firms could count on bigger budgets and staff…

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  • Jason Krause

eDiscovery Pricing: A Great Example of Lawyers Wasting Money
eDiscovery Pricing: A Great Example of Lawyers Wasting Money 150 150 Jason Krause

eDiscovery pricing and technology services in litigation is not a straightforward matter. But it should be. Unfortunately, many lawyers and corporations don’t know much about eDiscovery pricing or what services a vendor provides until after litigation begins. Thanks to a recent ruling, In re Aspartame Antitrust Litig., 416 Fed. Appx. 208 (3d Cir.2011), we have…

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  • Jason Krause

Robots Are Not Replacing eDiscovery Lawyers
Robots Are Not Replacing eDiscovery Lawyers 150 150 Jason Krause

Somehow, editors across the country have gotten the idea that computers will replace lawyers in litigation. The Wall Street Journal asked, Why Hire a Lawyer? Computers Are Cheaper, and The New York Times promised a world of Armies of Lawyers, Replaced by Cheaper Software. Columnist Paul Krugman even picked up the theme to discuss the economy. Most recently, the New…

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