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Law & Technology Articles

Lack of Candor with the Court and Opposing Counsel Regarding E-Discovery Leads To Sanctions for Outside Counsel

Kim Newman is a partner in O’Melveny’s Washington, DC office and a member of the Business Trial and Litigation and Electronic Discovery and Document Retention Practices recently wrote about sanctions that were imposed on outside counsel for Plaintiff Bray & Gillespie Management LLC for a “pattern of withholding and concealing information concerning discoverable material” from both the Court and opposing counsel.

The problems began with a failure to Object to the Request for ESI in Native Format and then failure to produce it. Continue reading….


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Cloud Tech Poses Problems For Lawyers

A recent article in the Worcester Business Journal quotes Steven J. O’Neill, partner at the Worcester law firm of Bowditch & Dewey and founder of the firm’s eDiscovery and Document Retention Policy practice: “The rub is that few lawyers seem to know how to ask for it and how to go after it,”  Find out why you really should care.


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European Data Protection Directive

RAND Europe led an international research team to review of the strengths and weaknesses of the European Data Protection Directive 95/46/EC and proposed avenues for improvement.

The Directive can be regarded as a unique legal instrument in how it supports the exercise of a right to privacy and rules for personal data protection. It is regarded in many quarters as a reference model for personal data protection in Europe and beyond. Although the flexibility of the Directive helps it to remain current, its effectiveness is undermined by the complexity of the cultural and national differences across which it must operate.

“The goal of Directive is to remain valid in the face of new continue…


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Using Keyword Search Terms in EDiscovery and How They Relate to Issues of Responsiveness

This article from the Richmond Journal of Law & Technology examines linguistics, statistics and technology issues and how they relate to keyword search technologies.

Gregory L. Fordham, Using Keyword Search Terms in EDiscovery and How They Relate to Issues of Responsiveness, Privilege, Evidence Standards, and Rube Goldberg, 15 RICH. J.L. & TECH. 8


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Litigation support and e-discovery: A clear path

“The use of good project management skills during an e-discovery process can help you navigate your way through a mass of information.” This article, which discusses the role of Project Management in  e-discovery is from Legalweek.com, an online journal which is dedicated exclusively to commercial lawyers in the UK and major international jurisdictions.  The authors even reference The Ramones, which certainly adds flair to an article about eDisclosure, as it’s known there.
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