Modern Ediscovery Blog

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

How Not to Do Social Media Archiving
How Not to Do Social Media Archiving 150 150 Jason Krause

As it begins to dawn on people that social media is discoverable for litigation, it’s tempting to think that tweets, posts, and content can simply be downloaded from the provider. For example, The New York Times recently reported that Twitter is working on a way to retrieve old, expired tweets, and Facebook already has mechanisms…

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  • Jason Krause

Why Would Trial Lawyers Want to Work Offline?
Why Would Trial Lawyers Want to Work Offline? 150 150 Jason Krause

It’s getting hard to remember a time when everyone didn’t have Internet access available at all times. Or when every restaurant, airplane, and office park didn’t offer WiFi access. (How did people settle bar bets before Google was perpetually available?) Technology is so widespread and so reliable that it’s easy to take it all for…

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  • Jason Krause

iPads and Macs for Power Litigators
iPads and Macs for Power Litigators 150 150 Jason Krause

The iPad is now the primary computer for many people, and is rapidly growing up as a business tool. According to the new 2012 ABA Legal Technology Survey, over 28 percent of all litigators now use a tablet device in the courtroom, mostly for checking email, although roughly 10 percent use it for presentation and…

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  • Jason Krause

Saving the Jury Trial from Extinction
Saving the Jury Trial from Extinction 150 150 Jason Krause

It’s hard to think of anything more dramatic, more compelling, or exciting than lawyers, judges, and witnesses squaring off in a courtroom. Think of every episode of Law & Order, movies like A Few Good Men or To Kill a Mockingbird, or read the cover of this month’s ABA Journal, Theater’s 12 Greatest Courtroom Dramas.…

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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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  • Michael Beumer

CEO of CMP.LY Talks Social Media Disclosure
CEO of CMP.LY Talks Social Media Disclosure 150 150 Michael Beumer

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.   Tom Chernaik Tom Chernaik is CEO of CMP.LY. The company’s unique disclosure solution is built on a foundation of Tom’s experience and insights in…

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