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The New Michigan Court Rules – Accelerating into the Digital Age
Welcome to the 21st Century! For the first time in three decades, the Michigan Supreme Court has issued comprehensive revisions of the state’s discovery rules. One major component of the extensive overhaul involves proportionality. That is, Michigan trial courts can […]
Predictive Coding: The Good, the Bad, and the Ugly
When you turn on your favorite television show, you know it will soon be interrupted by a commercial about a newly developed “wonder drug” that is touted as the cure for whatever ails you. And inevitably, at the end of […]
Shoring Up the Dam: Preventing Data Loss from Within
There it is, a drop of water on your ceiling. Thinking it a small issue, you place a bucket to collect the drips. A few days later, the entire ceiling crashes down. If only you had taken time to fix […]
Proportionality: Small Case, Big Message
In the area of proportional discovery, the case Small v. University Medical Center (UMC)¹ was the shot heard ‘round the world. The U.S. District Court’s ruling, in no uncertain terms, sent a message to companies facing even the potential of litigation: have a consistent, documented, and defensible preservation […]
Don’t Stop Believin’: The Staying Power of Search Term Optimization
Some things never outlive their usefulness. Just as a steering wheel remains the preferred method of driving a vehicle, the use of keyword search terms in ediscovery remains a powerful technique in the ediscovery world. In recent years there has been considerable attention on artificial intelligence (AI) and machine-learning techniques being applied to the challenges of ediscovery document review. Technology assisted review […]
EU Privacy Laws Don’t Change U.S. Discovery Requirement
Sands Anderson LLP reports that despite the difference between the United States and the European Union’s approach to data privacy and the default rules for electronically stored information, like email, a U.S. litigant still has to comply with the discovery […]
Ready. Set. Comply! Preparing for the GDPR’s Broad Reach
In May of 2018, the EU’s General Data Protection Plan (GDPR) will take effect and its reach will be broad, extending to corporate legal counsel and e-discovery teams during litigation and investigation. There will be new expectations, limitations and noncompliance […]
You Can Take It Back: Rule 502(d)
As ediscovery continued to grow in the early 2000s, so, too, did the risk of inadvertently producing privileged documents. In response, in 2008, Congress enacted Federal Rule of Evidence 502(d), which allows a party to clawback any privileged or protected materials […]
Every Step of the Way: The Value of an Ediscovery Liaison
For many attorneys, confidence still remains low around ediscovery and electronically stored information (ESI). As attorney Neda Shakoori wrote in 2013, which remains applicable today, low ediscovery confidence can result in inefficiency, a lack of organization, increased costs, missed opportunities […]