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2012: The Year Ahead in e-Discovery

by Chris Wilen

This time last year, e-discovery future telling was in full swing. Looking back, how did some of the top predictions of 2011 pan out? Check out the success rate here. So, what’s coming in 2012?

The weather forecasting groundhog, Punxsutawney Phil, will not see his shadow on February 2 at Gobbler’s Knob – winter will not be extended!

Phil doesn’t do e-discovery forecasts, but there’s no shortage of well-known voices from the industry making their best guesses and sharing their predictions. Over the past few weeks, blogs, tweets and articles have been forecasting what’s to come. No doubt this buzz will continue at the upcoming LegalTech New York (LTNY).continue…



Ethics and Legal Technology: LegalTech New York

by Rebecca James

As e-discovery evolves and new legal technology emerges, practitioners need to invest in continued learning to maintain competence in the field and compliance with ethical standards. To help you stay current on case law, tools and rules impacting e-discovery and keep up with ethics standards, LegalTech New York (LTNY), is providing excellent educational tracks, including an opportunity to earn 5.5 units of ethics credit.

Ethics, generally, is a set of rules for “right conduct” or a system of moral principles. What determines the “rightness” or “wrongness” of certain actions (or inactions) and the motives for such actions? The answers to such questions are not absolute; rather, ethical behavior is oftencontinue…



2012: Eye on the States (New Year, New Rules)

by Rebecca James

Connecticut rings in the new year with new rules, joining the pack of some 30 states now basing e-discovery rules in whole or in part on the 2006 Amendments. Florida and Massachusetts are considering new rules and the District of Columbia is awaiting approval of pending proposed rules. Also, Oregon has some minor amendments going into effect this year and Pennsylvania has some proportionality concepts brewing. A dozen states remain without action.

Tom Allman, a leading state e-discovery expert, joined the year-end Fios webcast and presented updates on state e-discovery activity. He discussed the impact of the 2006 Amendments to the Federal Rules of Civil Procedure on key e-discovery issuescontinue…



e-Discovery Project Management presentation at Litigation Summit and Expo

by Donna Peterson

Over the past year, legal project management has become a popular topic at e-discovery conferences, legal education courses and white papers. A recent example could be found at the Litigation Summit and Expo (#LITSUM) held this week (Nov. 15-16). The session, entitled “Legal Project Management: Best Practices for eDiscovery Projects,” was presented by Bobby Malhotra, Staff Counsel at Munger, Tolles & Olson and our own Joanna Harrison, Sales Consultant at Fios. Thank you Bobby and Joanna for a very informative presentation and for sharing best practices and practical tips for applying project management principals to e-discovery projects.

ALM, the organization behind LegalTech New York and LegalTech Westcontinue…



New Fios Webcast: 5th Annual State
e-Discovery Update

by Shawn O'Dell

Date: Thursday December 8, 2011
Time: 1:00 PM ET (60 minutes)

In his fifth annual Fios webcast, Tom Allman, the leading expert on state e-discovery rules, provides an update on state-level activities. Fios’ Rebecca James moderates this informative session which covers the following topics:

  • The impact of the 2006 amendments on state
    e-discovery rule-making
  • Key e-discovery issues with special relevance
    for states
  • The status of preservation and spoliation
    rule-making efforts

Register Now to attend and learn about particularly crucial state case developments, including an increasing number of examples that diverge from federal precedent.

Moderator:
Rebecca James, Esq., Programs Manager, Fios, Inc.

Faculty:
Thomas Y. Allman,continue…



eDiscovery Case Law Update Fall 2011

by Rebecca James

On October 12th, Fios was delighted to host Ralph Losey (partner and chair of Jackson Lewis’ Electronic Discovery Practice), Farrah Pepper (of counsel and vice chair of Gibson, Dunn & Crutcher’s Electronic Discovery and Information Law Practice Group), and Christina Daskas (e-discovery attorney at Jackson Lewis), who joined me in presenting a webcast focused on recent case law updates. We explored several cases and their related issues, including social media preservation, email attachments and e-discovery cost recovery under 28 U.S.C. § 1920.

Katiroll Co. Inc. v. Kati Roll & Platters, Inc. (D.N.J. Aug. 3, 2011)

Farrah talked about the hot topic of social media. She discussed a trademark infringement disputecontinue…



New Fios Webcast: e-Discovery Case Law Update – Fall 2011

by Shawn O'Dell

Date: Wednesday October 12, 2011
Time: 1:00 PM ET (60 minutes)

This quarterly case law update from Fios explores recent court decisions related to e-discovery, the impact these cases may have and are already having, and tactics and strategies organizations should consider to help control their e-discovery risks.

Rebecca James will be joined by special guests Ralph Losey, National e-Discovery Counsel and Chair of the Electronic Discovery Practice Group at Jackson Lewis; Christina Daskas, also from Jackson Lewis; and Farrah Pepper, of counsel and Vice Chair of the Electronic Discovery and Information Law Practice Group at Gibson, Dunn & Crutcher.

The panel discusses highlights of issues and cases including:

    continue…



    Data Mapping & ESI

    by Rebecca James

    On September 21st, Fios was delighted to host Craig Ball (attorney and forensic technologist), Leigh Isaacs (director of information management and records at Orrick), and Dale Beauchamp (branch chief at DHS), who joined me and Karl Flusche (Fios’ evidence collection manager) in presenting a webcast focused on data mapping. We explored the critical elements of managing, identifying and collecting electronically stored information (ESI).

    Would it be challenging for you or your client’s organization to find and collect data for a law suit or regulatory investigation? For many organizations, whether or not they have information management plans in place, it is difficult to prepare for litigation. You can’t preserve, collect, processcontinue…



    New Fios Webcast: Data Mapping & ESI Collection

    by Shawn O'Dell

    Date: Wednesday September 21, 2011
    Time: 1:00 PM ET (60 minutes)

    Join Fios for an enlightening session on data mapping. Rebecca James will be moderating a discussion with forensic expert Craig Ball, Fios’ evidence collection manager Karl Flusche, Orrick’s records and information management director Leigh Isaacs, and a special guest from the Department of Homeland Security.

    The esteemed panel will discuss “at need” data mapping – when clients are faced with imminent litigation and are scrambling to locate and collect ESI. We will also address “pre-need” data mapping – where clients have the opportunity to produce a detailed picture of their information systems before specific litigation is pending. Additionally,continue…



    The History of ILTA

    by Shawn O'Dell

    Thirty-three years ago the International Legal Technology Association (ILTA) was not ILTA. It was not even a formally organized entity. The original group was made up of forty to fifty professionals, most of them from large law firms nationwide, who came together to discuss a common problem: All had purchased the industry’s first computerized finance package for their law firms and all were having troubles. The product was expensive, it was new technology and it was riddled with challenges for users. The pre-ILTA gang was essentially a product user group connected by shared problems stemming from an investment they had in common.

    The group members had high expectations for thecontinue…





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