National Law Journal
E-discovery is especially challenging in healthcare related litigation due to the healthcare industry’s reliance on electronically stored information (ESI), the volume of medical records often at issue in health care litigation, especially, qui tam litigation, the time periods often at issue given the lengthy statutes of limitations and the relevance of the information that the records contain.
In , No. 1:13-cv-13156-DJC (N.D. Cal. August 4, 2014), the court addressed two areas of e-discovery of particular interest: the need for cooperation in conducting e-discovery successfully, and the digital forensic investigative steps frequently taken when a high-level employee leaves a company to start or join a rival and is suspected of taking with him or her important intellectual property—what I refer to as "departing employee triage," or DET.
In this special report, we asked litigation experts to take stock and examine some of the techniques out there for using computer algorithms to search for dispositive evidence.
In his State E-Discovery column, Mark A. Berman writes: State courts are savvy to issues concerning the discovery of ESI, and recent trial decisions offer practical and pragmatic rulings, particularly with regard to scope and relevance of discovery sought; email discovery; and privacy concerns.
The average American knowledge worker now writes enough emails to equate to 2.5 novels the length of "War and Peace" each year — an astounding figure.…
Analytics applications can help litigators identify surface patterns that point to the key evidence.
Assisted review is merely one way for attorneys to find their way through mountains of evidence.
It's almost always a bad idea to tell clients to "clean up" their Facebook accounts.
The State Bar of California issued Formal Opinion Interim No. 110004 in April addressing an attorney's ethical duties in handling the discovery of electronically stored information. Getting to the interim opinion has been a long and winding road, to borrow a phrase from Paul McCartney. The comment period closed on June 24. The end of the road is near.
Kevin Brady joins Redgrave, HBR Consulting adds a pair of directors and Xact Data Discovery opens a new office.