Brian Esser

August 29, 2013 | Inside Counsel

Litigation: Is your new dream job a non-compete nightmare?

Jurisdictions that have ruled on this are uniform in determining that ethics rules prohibit the application of direct non-compete agreements to in-house lawyers with a few caveats.

By Brian Esser

12 minute read

August 14, 2012 | Inside Counsel

E-discovery: The 5 questions to ask yourself before you negotiate

There are five easy questions to ask yourself, and the other side, to get to the right result.

By Judy Selby, Brian Esser

13 minute read

July 31, 2012 | Inside Counsel

E-discovery: Managing litigation vendor costs and information flow

Lawyers know that litigation, large and small, usually requires the assistance of a variety of non-lawyer vendors, service providers and consultants.

By Judy Selby, Brian Esser

12 minute read

July 17, 2012 | Inside Counsel

E-discovery: How to draft and implement an effective document retention policy

Lots of data can mean only one thing when it comes to litigation: crippling discovery costs.

By Brian Esser, Judy Selby

10 minute read

July 03, 2012 | Inside Counsel

E-discovery: 8 questions to ask when selecting a review tool

There are no definite breakpoints that clearly indicate which tool should be used for any particular review.

By Judy Selby, Brian Esser

11 minute read

June 19, 2012 | Inside Counsel

E-discovery: Preserving, collecting and using Internet histories

Were not quite The Jetsons yet, and robots dont seem to be making good on their plans for world domination. But computers and the Internet are playing a growing role in our lives.

By Judy Selby, Brian Esser

12 minute read

June 05, 2012 | Inside Counsel

E-discovery: How to avoid document review traps

Document reviews are deceptively complicated.

By Judy Selby, Brian Esser

10 minute read

November 01, 2012 | Legaltech News

How to Preserve Data When You Can't Trust Your Adversary

All parties to a lawsuit are supposed to preserve documents and data once they reasonably anticipate litigation. We all know that does not always happen, say Baker Hostetler partner Judy Selby and attorneys Brian Esser and Joshua Rog.

By Judy Selby, Brian Esser & Joshua Rog

7 minute read

August 02, 2012 | Legaltech News

Challenges of Conducting E-Discovery on Ephemeral Data

In two lawsuits, Tennessee and New York courts weigh the burdens and costs of accessing data that requires extraordinary measures to preserve and collect, write Baker and Hostetler's Brian Esser and Judy Selby.

By Brian Esser and Judy Selby

7 minute read

December 03, 2012 | National Law Journal

Courts allowing expedited discovery in emergencies

One standard allows a 'flexible standard of reasonableness and good cause.'

By Judy Selby, Brian Esser and Joshua Rog

7 minute read

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