Legal Tech Blog

Archive for the ‘Insourcing’ Category

[Revised] Proposed Amendments to the Federal Rules of Civil Procedure

Posted on: April 4th, 2014 by Angel Falconer and Josh Ross

Now that the public comments period has closed for the Proposed Amendments to the Federal Rules of Civil Procedure, we thought it was time to do a more in-depth follow up to our post about Judge Scheindlin’s criticism of the proposed changes.  Rather than reading all of the thousands of written submissions (you can do that here) we did a breakdown of all of the speakers’ comments at the public hearings before the advisory committee and reviewed the materials that will be considered at their next meeting here in Portland, OR next week.  Read more…

E-Discovery Sifting Through the Electronic Era

Posted on: May 6th, 2013 by Josh Ross and Angel Falconer

The following article originally appeared in the Spring 2013 issue of Trial Lawyer magazine, the quarterly journal of the Oregon Trial Lawyers Association.

Although electronic discovery has been a regular part of litigation for many years, dealing with the many facets of identifying, collecting, managing, storing, requesting and producing electronically stored information (ESI) remains a daunting task. Frankly, it can be a headache. Over the past decade, the increased focus on electronic discovery has created a morass of disputes, costs and stresses for litigators and their clients.  Adequately dealing with discovery of ESI requires a careful balance of competing interests: the need to fully investigate and uncover all potential evidence, and the desire to work efficiently and cost-effectively without bankrupting your client.

Despite volumes of articles, commentaries and blogs written on e-discovery – not to mention legal opinions – some lawyers choose to ignore it.  For example, we represented a plaintiff in an accounting malpractice case a few years ago. The defendant produced key memoranda that we suspected were modified prior to production in litigation. To find out, we served a supplemental request for those documents in native format, including metadata showing when the documents were created, revised and printed. The opposing counsel’s written response read, in part: The request “is unduly burdensome and vague. We do not know what it means, or what a response would look like.”  Read more…

Invest in the Future Now: Law Professors Suggest a Paradigm Shift in How Law Firms Should Operate

Posted on: March 12th, 2013 by Angel Falconer

Last week, ReInventLaw, sponsored by the Kauffman Foundation and Michigan State University, held the first of a series of  TED style talks to discuss the future of law practice and the changes in technology and regulation we might see.  The ReInvent Law Laboratory was founded by MSU professors Daniel Martin Katz and Renee Newman Knate.  Its message is simple: Innovation. Technology. Entrepreneurship.  Professor Katz teaches e-discovery at MSU, one of very few law schools that offer such courses, and he has a warning to firms that continue to ignore the storm brewing and fail to invest in the tools required to deliver legal services in the 21st century: invest or lose out.

http://computationallegalstudies.com/2013/03/10/innovation-in-legal-the-future-is-already-here-it-is-just-not-evenly-distributed-slides-by-professor-daniel-martin-katz-reinventlaw-laboratory-msu-law/

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The information contained in this blog does not constitute legal advice, and does not create an attorney-client relationship. We make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this blog.

About this blog

The goal of this blog is to provide a forum for discussing issues related to technology used in law firm and case management, and share information about CLEs, legal opinions, articles and products that may interest Oregon practitioners in the area of e-discovery.

About the author

  • Angel Falconer

  • Angel Falconer
  • Angel Falconer is Stoll Berne's Litigation Support Manager. She supports attorneys and clients through the entire litigation process and has worked on cases involving the securities laws, complex commercial disputes, class actions, unfair competition and trade secrets. Angel has expertise directing large-scale discovery projects and helps manage Stoll Berne's in-house e-discovery systems. Angel supervises electronic evidentiary presentations in arbitration hearings and in state and federal trial courts.
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