Modern Ediscovery Blog

The latest in ediscovery software news, product updates, and best practices.
  • Jason Krause

Social Media is History
Social Media is History 150 150 Jason Krause

Social media isn’t history, but it is part of the historical record. The National Archives and Records Administration (NARA) has just kicked off a major overhaul of the way federal departments and agencies manage and preserve their records.  Following on White House directives to modernize and digitize our nation’s record-keeping capabilities, NARA has been pushing agencies to…

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  • Jason Krause

Law Enforcement and Social Media: Criminals Aren’t All Dumb
Law Enforcement and Social Media: Criminals Aren’t All Dumb 150 150 Jason Krause

There are a lot of stories lately about the way law enforcement is using social media to capture criminals. As might be expected, there’s a lot of dumb lawbreakers who are eager to incriminate themselves online. Apparently, a lot of small-time criminals just can’t help but brag about their illegal exploits on Facebook or Twitter. However,…

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  • Jason Krause

Cloud Computing Confuses Lawmakers
Cloud Computing Confuses Lawmakers 150 150 Jason Krause

Lawmakers have a talent for confusing issues and scaring people unnecessarily. The current example is the proposed Cloud Computing Act of 2012. As Professor Eric Goldman at the Santa Clara University School of Law says of the Act, “I have no idea what problem this bill purports to solve.” The laws regarding criminal trespass in…

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  • Jason Krause

Social Media eDiscovery: Embrace the Boring
Social Media eDiscovery: Embrace the Boring 150 150 Jason Krause

For many lawyers, eDiscovery is still an exotic, unfamiliar practice. Despite the growing number of conferences, publications, and CLE credits available to help lawyers understand the discovery of electronic evidence in litigation, most lawyers have never even sent a preservation letter, the first step in discovery. Considering that discovery of any electronic evidence is unfamiliar to most…

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  • Michael Beumer

Nextpoint Introduces Automated eDiscovery Tool to Prevent Inadvertent Production of Privileged Materials
Nextpoint Introduces Automated eDiscovery Tool to Prevent Inadvertent Production of Privileged Materials 150 150 Michael Beumer

Nextpoint’s Privilege Protect ® helps solve one of the thorniest problem in litigation – securely transferring electronic data to opposing parties while preventing the production of privileged communications. Chicago, IL (PRWEB) October 09, 2012 Nextpoint, Inc., the nation’s leading provider of cloud-based regulatory, compliance, and litigation software, announces the release of Privilege Protect™ eDiscovery technology.…

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  • Rakesh Madhava

Are Law Firms in Denial About Apple and Mobile Computing?
Are Law Firms in Denial About Apple and Mobile Computing? 150 150 Rakesh Madhava

As the “The Collapse of the Microsoft-Intel Monopoly” continues to accelerate, the response from the both the broader legal technology profession as well as the eDiscovery chattering classes has been what I can only describe as a collective yawn. But that’s not completely surprising – after all, the the legal profession is characterized by it’s…

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Attorney-Client Privilege
  • Jason Krause

Courts Agree: It’s Easy to Waive Your Attorney Client Privilege
Courts Agree: It’s Easy to Waive Your Attorney Client Privilege 1000 640 Jason Krause

Defending privileged documents in eDiscovery is not easy. (See our recent post, “Why Lawyers Are So Bad at Protecting Privilege.”) The right to private communication is vital to the practice of law, but, with the explosion of digital evidence in litigation, lawyers are finding it increasingly hard to protect every single piece of attorney-client work…

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  • Rakesh Madhava

Is The Legal Industry Doomed to Newspaper-like Contraction?
Is The Legal Industry Doomed to Newspaper-like Contraction? 150 150 Rakesh Madhava

Back in January of 2010, we published a post that the legal industry could be in for a technology disruption on the scale of newspapers. The signs abound that a disruption is now underway. I recently ran across this chart in The Business Insider from famed internet analyst Henry Blodgett that provides vivid detail as…

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  • 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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