A hearing is scheduled on Tuesday in Grant County Circuit Court for a court order to keep Grant County Sheriff Glenn Palmer from deleting emails that may be relevant to his connection with the militants who took over the Malheur National Wildlife Refuge. The Oregonian wants official government business related emails sent and received on a personal email account, which is listed on the Sheriff’s Office website, to be retained according to public records laws. Sheriff Palmer’s attorneys revealed that those emails are routinely deleted, and claim that doing so is within the state’s policies.
Legal Tech Blog
Archive for the ‘E-Discovery’ Category
Significant changes to the Federal Rules of Civil Procedure went into effect yesterday. Over the past couple of years since they were proposed, we have blogged about our observations and others’ concerns triggered by the rule changes. Whether these amendments will accomplish their goals of achieving proportionality in the scope of discovery and uniformity in how courts deal with spoliation remains to be seen.
Law and paralegal students at 50 schools in the U.S. will receive hands-on e-discovery training as part of their studies through a new program launched by kCura, makers of Relativity software. You can read the press release about the program here, as well as an interview with two professors at Chicago-Kent College of Law, which is one of the schools on board with the Relativity Academic Partners program.
Good reminders for in-house counsel and outside litigators:
- Understand the Data Environment
- Document the E-Discovery Process
- Develop a Targeted Collection Strategy
- Utilize Technology to Support Proportionality Arguments
- Reduce E-Discovery Costs by Leveraging Privilege Non-Waiver Agreements
You can read the white paper from Exterro here.
Three years after his Da Sliva Moore opinion approving the use of TAR (technology assisted review, computer assisted review, or predictive coding), US Magistrate Judge Andrew Peck says that “the case law has developed to the point that it is now black letter law,” and goes on to list several judicial decisions approving the use of TAR. You can read Judge Peck’s recent opinion in Rio Tinto PLC v. Vale S.A. et al.
Former Secretary of State Hillary Clinton’s use of her personal email account to conduct official State Department business has been at the top of the headlines lately. Clinton has explained that her decision to use her personal email account was simply a matter of convenience and has stated that she has already released over 55,000 pages of correspondence. Not satisfied with the production of printed email, last week the House Oversight Committee Chairman Jason Chaffetz said his committee may seek electronic versions of the correspondence, not just the printed copies, and today House Speaker John Boehner called on Clinton to hand over the private server that stores the emails.
Magistrate Judge Joe Brown’s ruling in Bridgestone marks another win for predictive coding as a way to efficiently review large data sets, but in my opinion, the most interesting part is the Court’s emphasis on “openness and transparency.” The Court has ordered “full” cooperation, including disclosure of “seed” documents―the responsive and non-responsive documents used to teach analytics software how to code the remaining documents. You can read the full Bridgestone order here.
Portland, Ore. firm Exterro hosts webcast with Magistrate Judge James Francis (SDNY), District Judge Paul Grimm (Dist. Md.) and Chief Magistrate Judge John Ott (ND Ala.) for a discussion about the proposed amendments to the Federal Rules of Civil Procedure regarding e-discovery.
Google Glass—the wearable computer that allows users to, among many other things, take photos, shoot videos, send messages, find directions, and browse the web using voice commands—has been available to beta users, called “Glass Explorers,” for some time and is reportedly set for broader public release later this year. Entry to the general market will undoubtedly give rise to questions about how the device, and its uses, will change the legal landscape (if at all) and how the device will differ from existing technologies as a target of discovery requests and related discovery obligations of litigants. Read more…
Join us for a lunchtime CLE in Bend, Oregon on Tuesday, April 29.
- Topic: “Managing E-Discovery Issues in Litigation”
- Presenter: Josh Ross and Angelene Falconer of Stoll Berne, Portland
Josh and Angelene regularly handle complex litigation matters. They will discuss strategies and highlight issues that frequently arise, and offer tips on managing e-discovery issues efficiently.
- Venue: The Oxford Hotel, 10 Below
- Time: Buffet opens at 11:45, CLE will be from 12 to 1
- Cost: $25 for lunch and CLE if registered by 5pm on on April 24th. After that, cost is $30.
- Credit: One General CLE credit pending