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A recent opinion out of the Southern District of New York, Sekisui America v. Hart, dealt with the destruction of electronically stored information (ESI) and featured a request by the defendants for the court to impose sanctions. The case was ...

Tagged with: eDiscovery Update Peter Coons

Last week I attended an electronic discovery and digital forensics conference in Orlando, Fla. I attended a spirited and informative panel session titled, “Judicial Perspective on Current Case Law Influencing eDiscovery.” The panel included three active federal judges: the Hon. ...

Tagged with: eDiscovery Update Peter Coons

Today I will be in Las Vegas attending an electronic discovery conference. I was asked to not only attend the conference, but to speak on the topic of law firm security. What does law firm security have to do with ...

Tagged with: eDiscovery Update Peter Coons

Social media is the new email. It’s the new gold mine for attorneys seeking electronic evidence. But it is so much more than email. In addition to words there are pictures. Pictures are worth a thousand words, especially when it ...

Tagged with: eDiscovery Update Peter Coons

At the end of January, legal geeks, techies and nerds converged on a hotel in midtown Manhattan for the annual LegalTech show. The event, which had over 200 exhibitors this year and an estimated 10,000 attendees, draws legal technology enthusiasts ...

Tagged with: eDiscovery Update Peter Coons

Earlier this month, some of the foremost legal authorities on electronic discovery gathered at the annual Advanced eDiscovery Institute, sponsored by Georgetown Law. This annual CLE event draws jurists, lawyers, litigation support professionals and it is quickly becoming the must ...

Tagged with: eDiscovery Update Peter Coons

Earlier this year, the Rand Corp. published a paper titled “Where the Money Goes; Understanding Litigant Expenditures for Producing Electronic Discovery” (Pace, N., & Zakaras, L. [2012]. Santa Monica: Rand Corporation). As stated on its website, the Rand Corporation is ...

Tagged with: eDiscovery Update Peter Coons

Years ago, law firms sought to reduce expenses through Facilities Management. By outsourcing the functions of photocopying, scanning and even the mail departments, law firms were able to realize significant cost savings. Salaries and benefits were paid by the FM ...

Tagged with: eDiscovery Update Peter Coons

Digging the ditch It is possible to dig a ditch with a spoon. I repeat this statement often to my 7-year-old son when he is attempting to accomplish a task. I then explain to him that there are better ways ...

Tagged with: eDiscovery Update Peter Coons

As an electronic discovery consultant, I often speak with lawyers about handling electronically stored information (ESI) for litigation. Too often, the conversation is about the complete avoidance of dealing with electronic discovery. I sense that this is either because the ...

Tagged with: eDiscovery Update Peter Coons

“Transparency is indeed expensive, but it pales in comparison to the cost to a democracy of operating behind a veil of secrecy.” Judge Scheindlin wrote that line in a recent opinion out of the Southern District of New York. The ...

Tagged with: eDiscovery Update

A recent decision in New York State court is a prime example of how not to conduct electronic discovery. On Feb. 16, Judge Fried issued an opinion that dismissed a complaint against defendant Paul Hastings while granting defendants motion for ...

Tagged with: eDiscovery Update