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OPINION: Gov’t Officials And Cybersecurity Accountability

Last week, I offered my two cents about the misguided criticism of the U.S. State Department and Hillary Clinton regarding the alleged email “scandal” (aka circus) and concluded with the following: “So the real question is, should governmental agencies and their officials

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OPINION: Most Clinton Critics Are Missing The Point

Hillary Clinton’s self-maintenance of a personal email account for use in her capacity as a government official has raised questions about whether the State Department inadequately investigated the existence of official government business records or Clinton improperly failed to disclose

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The Peck(ing) Order for Predictive Coding Stays the Same

In his March 2, 2015 order issued in Rio Tinto PLC v. Vale S.A., et al., No. 14-Civ-3042 (S.D.N.Y.), Magistrate Judge Andrew Peck brought the world of predictive coding back to the future.  Quoting the first line of the order

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Cut The Crap: Cooperate Under Rule 26 or Look Like a Fool

An order issued by the court in Armstrong Pump, Inc. v. Hartman, 2014 WL 6908867, No. 10-cv-446S (W.D.N.Y. Dec. 9, 2014) provides a valuable lesson to all litigants—failure to cooperate under Rule 26 is no longer just unacceptable…it’s embarrassing.  In

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Two Basics: Don’t Accept Candy From Strangers and Avoid Falling Into the “Document Dump[s]”

A recent order issued by M.J. Paul Grewal in Venture Corp. Ltd., et al. v. Barrett, No. 5:13-cv-03384, 2014 WL 5305575 (N.D. Cal. October 16, 2014) provides a useful reminder for all litigators: “Rule 34 (Producing Documents, Electronically Stored Information,

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Tread Lightly: eDiscovery Greed May Leave You With None At All

On July 14, 2014, the Court in United States v. University of Nebraska at Kearny (No. 4:11CV3209) took a significant step in support of Federal Rules 1 and 26.  Magistrate Judge Cheryl R. Zwart denied plaintiff’s motion to compel defendants

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Reasonableness and Proportionality Win Another Fight for Predictive Coding

On July 22, 2014, Judge Joe B. Brown issued a discovery order in Bridgestone Americas, Inc. v. Int’l Bus. Machines Corp. (Case No. 3:13-1196 M.D. Tenn.), in the plaintiff’s favor, allowing the use of predictive coding to further narrow a

Posted in Predictive Coding
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