Ediscovery

  • Jason Krause

Best Practice Guide for Protecting Attorney Client Privilege
Best Practice Guide for Protecting Attorney Client Privilege 508 381 Jason Krause

Protecting the right to attorney client privilege is one of the most expensive and complicated parts of eDiscovery, but there is little guidance to help lawyers. To fill this void, Nextpoint has a new, free, and easy-to-understand, Best Practices Guide for Protecting Privilege to help you defend your right of attorney client privilege. In clear…

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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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  • 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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  • 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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