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Why Do GCs Pay Lawyer Rates for Document Review in eDiscovery?

On Thursday, the Second Circuit called into question whether the document review work of contract lawyers in eDiscovery is “legal work”. Read about it in the Wall Street Journal or Bloomberg Business of Law. The WSJ quotes a Big Law partner commenting on the case ‘a

An eDiscovery Conversation with The Hon. Judge Shira A. Scheindlin (Live Post)

This is a live post from the Bloomberg Big Law Summit. Please excuse any typos or errors in how I capture proceedings. Session Description Closing Keynote:  A Conversation with The Hon. Judge Shira A. Scheindlin, United States District Court for the Southern District of New York Inter

Cybersecurity, Privacy and Data Protection Legal Challenges in the Digital Age – Live from Legal Tech NYC

This is a live blog post from Legal Tech NY 2015. The topic is “Cybersecurity, Privacy and Data Protection Legal Challenges in the Digital Age”. [Editorial note inserted toward end of session. This session offered a very interesting and timely discussion but I did not hear

Is a JD Really Necessary to Do Document Review?

Last week I posed a question on Twitter: “Does a person doing #eDiscovery doc review need a JD? Not asking what market wants. Asking what law / ethics say.” That led to a lively discussion. No one chimed in to say a JD is required. Some point out that adequate supervision

The Impact of IBM’s Watson on eDiscovery

Last week, the New York Times published a great article, IBM to Announce More Powerful Watson via the Internet (13 Nov 2013).  Will the availability of Watson in the Internet at an affordable price eventually have an impact on eDiscovery and document review? That question came to mind

Understanding the UnitedLex – LeClairRyan Deal: Interviews with Management

On October 30th, law firm LeClairRyan and legal services provider UnitedLex announced the creation of the LeClairRyan Legal Solutions Center, which involves the transfer of 400 people and physical assets to UnitedLex. On Wednesday afternoon, I spoke to both parties to learn more.  My

Skadden Lawyers Discuss the Constitutionality of e-Discovery

Last June, Skadden Arps lawyers questioned the constitutionality of current electronic discovery rules in a 2-part article in Law Technology News, Can E-Discovery Violate Due Process? (Part 1 (7 June 2013); Part 2 (10 June 2013)). Intrigued by their reasoning, I wrote a blog post, Is

Is E-Discovery Due Process Argument Just Predictive Coding in Hiding?

Regular readers may realize I have written little about e-discovery recently: I lost interest in the predictive coding debates. Long ago I concluded that “smart” software, guided by discovery professionals, beats armies of lawyers conducting linear review. Now, however, an

Computerized Document Review Defensible at Last?

On Friday, Judge Andrew J. Peck issued an important ruling in Monique Da Silva Moore v. Publicis Groupe & MSL Group, a widely followed discovery dispute about computer assisted document review in discovery.  Judge Peck held that “computer-assisted review is an acceptab

Judicial Perspectives on Technology-Assisated Review [live post from Legal Tech NY]

This is a live blog post from Legal Tech NY. The session is Judicial Perspectives on Technology-Assisted Review, hosted by Xerox Litigation Services. The panelists are Judges Andrew M. Peck, Frank Maas, David Waxse, and Sr. Master Steven Whitaker. Gabriela P. Baron of XLS moderate. [A