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Legal Project Management Series: Defining Fundamental Principles

Created on January 19, 2018


E-Discovery Market Analyst at Exterro

First Principles, Clarice. Simplicity. Read Marcus Aurelius. “Of each particular thing ask: What is it in itself? What is its nature?” - Hannibal Lecter, Silence of the Lambs One topic that’s been earning more and more mindshare in the world of e-discovery is legal project management (LPM). Thinking about what article or articles to write on the topic, I vaguely recalled a famous quote, perhaps from a Sherlock Holmes story, about “starting with first principles.” Understanding the fundamental principles of legal project management felt look a good place to start. It turns out the... Read More

Case Law Alert: How Much of Your TAR Process Do You Have to Share?

Created on January 19, 2018


E-Discovery Market Analyst at Exterro

When using TAR technology (predictive coding, machine learning, etc.), it may be beneficial to share information regarding how you’re using that technology with opposing counsel or else you may have to defend your TAR process in court. In Winfield v. City of New York (S.D.N.Y. Nov. 27, 2017), the court supported the defendant’s TAR process despite errors, but still compelled the City to produce additional documents to check the accuracy of its production. Overview: In this public housing discrimination case, the plaintiffs wanted the court to issue an order that would require... Read More

Confessions of a Legaltech Newbie

Created on January 19, 2018


E-Discovery Market Analyst at Exterro

Several thousand people—attorneys, paralegals, IT officers, software sales reps, and more—will be descending on the New York Hilton Midtown from January 30th – February 1st for Legaltech, the must-attend event of the year for professionals operating in the intersection between the legal and technology industries. For the first time, I will be one of them. If the first two months working here at Exterro have been something like being blasted with the proverbial firehose of information, then I expect that LTNY will be more like standing under Niagara Falls. (Nothing against metro... Read More

An End to Over-Preservation? An Expert Perspective on the FRCP

Created on January 12, 2018


E-Discovery Market Analyst at Exterro

This blog post is adapted from commentary on Rule 37 by William F. Hamilton, Legal Skills Professor and Executive Director, UF Law E-Discovery Project Fredric G. Levin College of Law, University of Florida, in FRCP & E-Discovery: The Layman’s Guide. FRCP Rule 37(e) grounds the requirements for preserving electronically stored information (ESI) in the real world, where “reasonableness” and good faith efforts to store relevant information are “good enough,” as opposed to expecting perfection. The Rule doesn’t obviate the common law duty to preserve relevant information; rather, by defining circumstances under which curative... Read More

Case Law Alert: Custodian Search for Responsive Data Is OK If...

Created on January 12, 2018


E-Discovery Market Analyst at Exterro

This court re-clarifies that counsel supervised (“coordinated and overseen”) custodian searching for responsive data is defensible, especially if no factual evidence of foul play is presented. Overview: In this case, the plaintiff filed a motion to compel the defendant to conduct an additional search for electronically stored information (ESI). Going outside the agreed e-discovery protocol, the plaintiff was “concerned” that the defendant “withheld communications” that were responsive. The defendant’s concerns centered around letting counsel rely “upon an employee directly involved in the underlying claims of the suit to search her own emails... Read More

Top New Year’s Resolutions for E-Discovery Professionals

Created on January 5, 2018


E-Discovery Market Analyst at Exterro

All the gifts have been opened, the hors d’oeuvres have been eaten, and the eggnog and champagne consumed. The indulgences of the holiday season are no longer a well-earned break from the grind. Hanging on to them any longer resembles something closer to a state of denial than seasonal good cheer. It’s time to take down the decorations, to turn the page on the past and create our new, improved selves, a time of self-improvement, aspiration, and optimism. It’s New Year’s resolution time. (Yes, we’re ignoring the fact that most resolutions are... Read More

Two Truths and a Lie about Rule 16 Hearings: An Expert Perspective on the FRCP

Created on January 5, 2018


E-Discovery Market Analyst at Exterro

This blog post is adapted from commentary on Rule 16 by Hon. Xavier Rodriguez, U.S. District Judge, W.D. Texas, in FRCP & E-Discovery: The Layman’s Guide. One truth—not one of the two mentioned in our title—is that this post might more accurately be titled “Two Truths and a One Misconception about Rule 16 Hearings.” But since that’s not the title of the party game, and it’s not very catchy, we decided to go with what everyone already knows. Without further ado, the three statements: Rule 16 hearings help define discovery that is... Read More