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Sedona Cooperation Proclamation

The Sedona Conference released its Cooperation Proclamation today.  The Proclamation is publicly endorsed by over twenty judges including the Honorable Judges Shira Scheindlin, Andrew Peck, Paul Grimm, David Waxse, John Facciola and a host of others from coast to coast.

The purpose is to refocus on litigating on the merits, not on eDiscovery.

Working Group 1 continue…



Prevent emailing while impaired (EWI) with Mail Goggles

Google labs has a new approach to helping us hesitate before sending emails while impaired (EWI).

Like being pulled over and asked to walk a straight line, Mail Goggles, “at that time of night”, presents the late night emailer a series of elementary math problems and times the answers.

Designed to help those who regret continue…



Subprime / liquidity watch: Lehman, Merrill, AIG and E-discovery

Weekends are anything but restful these days for those watching the financial sector and financial markets. Lehman declared bankruptcy, with the hopes that counterparty trades will be unwound neatly.  Merrill, like Bear before it, was snapped up by a competitor. The government, shutting the door to assuming more risk in favor of the buyers, scared continue…



Federal Rule of Evidence 502 (FRE 502) awaits signature

Practitioners who have not been protecting against privilege waiver via court order will want to start standing in line for the rush.

Odds are 99.99 percent the new FRE 502 will be signed by the president and cause a run at the court house.

Like the onset of the amendments to the Federal Rules of continue…



Legal Outsourcing hits the tipping point

Legal outsourcing, particularly around document review, has been gradually building up a following.  The ABA’s ethics opinion (Ethics Opinion 08-451) publicized today should push those on the fence over as a powerful potential opponent endorsed the practice with some considerations.

In the past, the main concerns articulated were about potentially enabling the unauthorized practice of law.  continue…



Cross examining the blogger

Should bloggers be expert witnesses?

Bob Ambrogi, blogger extraordinaire, wades in where angels fear to tread. (yes, metaphor overused…)

Bob has an interesting collection of opinions on the subject.

Nancy Delain, an intellectual property lawyer in Schenectady, N.Y., would never retain an expert who has a blog, she says. But as for her opponent’s expert, “I continue…



Qualcomm’s attorneys back before Major

The timeout is over in the Qualcomm case.

You didn’t know there was a timeout?

Legal process simmered all summer.  Ediscoverylaw.com has the 411.  The appellate skirmish outside Judge Barbara Major’s courtroom had to do with things interlocutory, cross appellants and jurisdiction.  The “sua sponte” restraint shown by Judge Major is complete and jurisdiction is back continue…



FASB litigation risk disclosure comments due today, 8/8/2008

Not only does a corporation need to come to the table ready to deal in data, they may need to do so after disclosing risk and likelihood of settlement amounts in their financial statements.

Comments may be sent by email to director@fasb.org, File Reference No. 1025-300.  By today, 8/8/08.

The transparency would benefit shareholders in one way continue…



547,000 and counting

We made it.  Thank you for your good wishes and generous contributions.  Over $8,000 was raised yesterday for 360,000 meals.  We’re still counting and reconciling the wildcards and the total will only go up.  We were still short at noon and suddenly our phones started ringing and the weblink started singing.

Like a team a continue…



500,000 people less hungry by Thursday

I have a request and a challenge for our blackberry enabled, tiny living room we call the ediscovery community.

We have the fastest grapevine in the world.  Will you help me use our grapevine to feed our hungry neighbors and collectively achieve a huge goal?

Sometimes in the electronic discovery world, we get so stressed continue…





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