Modern Ediscovery Blog

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

News Flash: Technology Upgrades Suck
News Flash: Technology Upgrades Suck 150 150 Jason Krause

According to last years’ Midlevel Associates Survey at Law.com, associates were excited about all of the new gadgets and software being made available to them. For a brief period, it seemed like new devices, software, and even the latest Windows upgrade might finally give overworked associates the technology they needed. Predictably, this year’s survey found…

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  • nextpointguest

Inside the FTC: Data Security Battles and Hunt for Identity Thieves
Inside the FTC: Data Security Battles and Hunt for Identity Thieves 150 150 nextpointguest

Nextpoint’s Expert Witness is a feature offering insights from lawyers, technologists, law enforcement, entrepreneurs, and other interesting people influencing our industry and world. Check back regularly for thought-provoking expert opinions.   EXPERT WITNESS: Steve Wernikoff Nextpoint recently spoke with Steve Wernikoff, attorney with the Federal Trade Commission in Chicago who specializes in consumer protection matters…

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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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How to work with a hotseater, trial technician or hot seat operator

The Hotseat: 5 Considerations When Hiring A Trial Technician
The Hotseat: 5 Considerations When Hiring A Trial Technician 1200 650 Annie Johnson

A “hotseater,” or trial technician, will allow you to focus on delivering a winning argument by taking care of the technical aspects of trial presentation. You can’t practice law without a legitimate license, and you can’t go to trial without a compelling presentation. But how do you find time to put slides and documents together?…

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video-depositions
  • Rakesh Madhava

5 Video Deposition Tips for Attorneys
5 Video Deposition Tips for Attorneys 1732 1155 Rakesh Madhava

It’s easy to take the presentation of a video deposition for granted at a trial. To many litigators, it’s a convenience, a way to move their case along, to tell their story while working around difficult schedules. While video deposition disasters are rare, bad and uninspiring presentations are depressingly common. It doesn’t have to be…

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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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