Archive for August 2013

New Product News Dominates ILTA 2013

The International Legal Technology Association’s annual conference wrapped up last week and as usual, there were a number of interesting product announcements from legal technology vendors across the board, including BleuAcre, LexisNexis, kCura and Avanstar (among others).  Continue here to a round up of announcements from ILTA 2013

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eDiscovery Case of the Week: Lazette v. Kulmatycki

By Julia Romero Peter, Esq. In a case where a supervisor read e-mails from a past employee’s personal gmail account, the court found that such conduct fell within the scope of the Stored Communications Act (SCA).  In Lazette v. Kulmatycki, No. 3:12CV2416, 2013 U.S. Dist. (N.D. Ohio June 5, 2013), Defendant supervisor Kulmatycki read 48,000…

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The Importance of Conflict Checks for eDiscovery Vendors

by Julia Romero Peter, Esq. The ongoing court battle regarding D4 Discovery’s alleged conflict of interest in Gordon v. Kaleida Health (W.D.N.Y. May 21, 2013)  highlights the importance of ediscovery vendors taking appropriate measures to avoid conflicts of interest.  In Gordon, Kaleida argues that D4 should be disqualified from providing ediscovery consulting services to plaintiffs.…

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How is Social Media eDiscovery Impacting A-Rod Investigation?

You don’t have to be a huge sports fan to know that Alex Rodriguez of the New York Yankees is in the middle of (yet another) huge controversy. Major League Baseball announced that A-Rod (as he is known) was to receive an unprecented 211 game suspension due to his use of performance-enhancing drugs (PEDs), as…

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eDiscovery Case of the Week: Research Foundation of State Univ. of New York v. Nektar Therapeutics

By Julia Romero Peter, Esq. In Research Foundation of State Univ. of New York v. Nektar Therapeutics (N.D.N.Y. May 15, 2013), the court denied Defendant’s motion for an adverse inference instruction and monetary sanctions based on spoliation of evidence.  The court applied the following standard: the party seeking the instruction must demonstrate: “(1) a duty…

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Kia Motors Corporate Counsel on E-Discovery Costs: It's Time to Share

D. Casey Flaherty, corporate counsel at Kia Motors America Inc., wrote an opinion article for Law Technology News that raises very good questions and issues about eDiscovery costs. As legal professionals know all too well, eDiscovery can be expensive. And given his role as corporate counsel, his views are well worth the read, as others…

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Top 10 Lawyers Turned Authors

By Julia Romero Peter, Esq. So you work in the legal industry and think you can write the next great American novel? You’re not alone! There are dozens of successful authors who have their law degree, so we thought we’d take a moment and highlight 10 of our favorite lawyers-turned-authors. And yes, we deliberately left…

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eDiscovery Case of the Week: Dish Network Corp. f/k/a Echostar Commc’ns Corp. and Kelly Broad. Sys., Inc. v. T. Wade Welch & Assocs.

by Julia E. Romero Peter, Esq. In June, Dish Network petitioned a district court in Harris County, Texas for confirmation of an arbitration award for over $12.5 million resulting from damages caused by its former attorney Ross Wooten’s negligent acts; notably with respect to his handling of discovery.  While an attorney at Houston law firm…

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10 Relativity 8 Features You Need to Know

Long a favorite of the e-discovery industry, kCura recently announced the launch of the latest version of their already feature-rich litigation support management platform: Relativity 8. Previous versions offered flexible capabilities from image and native file review and coding options to data analysis (both visual and text) and even foreign language support. The latest release…

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Information Governance: Ignorance Is Not Bliss (New White Paper)

As tempting as it may be to brush your Information Governance responsibility under the rug, failing to properly assess your information management and governance requirements appropriately can lead to liabilities, sanctions, and a number of other costly and significant penalties, not the least of which is losing relevance in the eyes of the modern market…

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