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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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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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Spoliation Instruction But No Terminating Sanctions in Coding Trade Secrets Case

The United States District Court for the Southern District of Texas declined to impose litigation ending discovery sanctions for several claims of spoliation, but does plan to issue a spoliation instruction in Quantlab Technologies Ltd. v. Godlevsky, No. 4:09-cv-4039, 2014

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Magistrate Judge Peck’s Message to the Bar: Predictive Coding Should Be “Seriously Considered”

predictive coding, e-discovery, document review, discovery, electronic discovery, computer-assisted review

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“Social Media Advisor” Has A New Blog Address!

Our “social media advisor” posts are at a new blog address. Please go and re-subscribe…

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Look Before you Leap: An Analysis of Hidden Costs Associated with Internet Social Media Marketing

      As with so many technological advances in the last 20 years, everyone is jumping at internet opportunities and no one wants to be left behind. This is particularly true of businesses, constantly innovating and fighting to stay

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A Counterpoint to the Pension Committee Decision

In a landmark opinion by Judge Lee H. Rosenthal, the court in Rimkus Consulting Group, Inc. v. Cammarata, 2010 WL 645253 (S.D. Tex. Feb. 19, 2010) (opinion) ordered an adverse inference instruction against a group of defendants for intentional spoliation of evidence. The

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