One of the coolest gadgets that made it down my chimney this Christmas was the Amazon Echo. You’re not familiar with the Echo? The Echo is billed as a personal digital assistant. Basically it’s a Bluetooth-enabled speaker that is also ...

Tagged with: amazon eDiscovery Update Peter Coons

Two recent cases in two different courts dealt with the issue of technology assisted review (“TAR”) and its use in discovery. At issue in each case was the plaintiff’s desire for defendants to use TAR instead of relying on search ...

Tagged with: eDiscovery Update Peter Coons

Discovery is not a game of “Go Fish.” To some extent it’s like playing an open hand of poker or maybe, Texas Hold’em. There is openness to the process. After a proper request, you show me your evidence and I ...

Tagged with: eDiscovery Update Peter Coons

Last week I travelled to Seattle to attend a Microsoft conference where the company announced upcoming enhancements to Office 365. Besides the cool factor of getting to visit the headquarters of the largest software company on Earth, I was also ...

Tagged with: eDiscovery Update Peter Coons

According to one survey I read, there are approximately 250 million mobile phone users in the United States. That number is staggering as it actually exceeds the estimated number of U.S. citizens 18 and over. Basically, everyone has a mobile ...

Tagged with: eDiscovery Update Peter Coons

Electronic evidence, like people, comes in all shapes and sizes. Some people, who like to monitor their shape and size, are using fitness tracking devices like Fitbit. Fitbit is a wearable fitness monitor that wirelessly connects to your phone and ...

Tagged with: eDiscovery Update Peter Coons

Why does it cost so much? Why does it take so long? Isn’t it just pushing a button? Those are typical questions I am often asked by clients, and when I hear this I think of the Staples Easy Button ...

Tagged with: eDiscovery Update Peter Coons

“Spoken words disappear after they’re heard. But what you say online remains forever. With confidential messages that self-destruct, Confide lets you avoid the Cloud, and takes you off the record.” The above quote is from the website getconfide.com, which offers ...

Tagged with: eDiscovery Update Peter Coons

It shouldn’t be a surprise that messages, posts and pictures from social media are discoverable. It also shouldn’t be shocking that litigants may post outrageous messages, posts and pictures. Are you representing a client who is claiming he or she ...

Tagged with: eDiscovery Update Peter Coons

The other day, I spoke with a client after reviewing a draft ESI stipulation he sent me. In it was a paragraph referring to the preservation of text messages from mobile devices. The parties were to agree that messages stored ...

Tagged with: eDiscovery Update Peter Coons

I spent last night drinking eggnog around a yuletide log, watching the Bills extend their playoff drought to 15 years and reflecting on this past year in the world of e-discovery. Yes, I lead an exciting life. As I pondered ...

Tagged with: eDiscovery Update Peter Coons

Two recent New York State court cases demonstrate that it takes more than missing emails for courts to levy sanctions for spoliation. ‘Curtin v. Blair Bros. Contracting’ The first case, decided Aug. 28, in the Supreme Court of New York, ...

Tagged with: eDiscovery Update Peter Coons