The Digital eDiscovery Divide and You. We all know a partner, mentor, colleague, or adversary who brashly denounces all-things-tech while clinging tightly to a bygone era of wired telephones and paper documents.  The kind of legal professional who breathes life into the old cliché about attorneys attending law school to avoid math and science.  We get it.  Keeping up with technology in the digital age can be downright daunting.  Even for those of us who are comfortable navigating our laptops, cell...

Two words: Information Governance. You’ve heard of it right?  If not, I’ll save you the hassle of typing it into Google.   According to IT research and advisory company Gartner, Inc., Information Governance is: “[T]he specification of decision rights and an accountability framework to ensure appropriate behavior in the valuation, creation, storage, use, archiving and deletion of information. It includes the processes, roles and policies, standards and metrics that ensure the effective and efficient use of information in enabling an organization to achieve...

Don't Be Surprised By Litigation Holds There is a lot of buzz in the legal industry about the importance of eDiscovery and litigation holds in litigation.  Nearly daily, attorneys are reminded to issue litigation holds when litigation is reasonably anticipated.  It’s taken a while, but collectively, us as attorneys are starting to get it.  We are working with our clients to develop and roll out litigation hold policies and practices that are targeted in scope and help ensure litigation holds are...

A Case for eDiscovery Keywords   The Electronic Discovery Keyword Search Elder statesman of the Electronic Discovery world.  Simple to understand and easy to implement, keyword searching has played a central role in eDiscovery projects for more than a decade.  But as advances in eDiscovery expand the capabilities of technology-assisted review (“TAR”) and introduce us to concepts such as predictive coding and visual analytics, the good old fashioned keyword search has begun to lose its luster.  U.S. Magistrate Judge Andrew Peck, the...

Fans of the NBC hit series The Office may recall Dwight Schrute’s family mantra: (singing) “Learn your rules.  You better learn your rules.  If you don’t, you’ll be eaten in your sleep.” (chomping sound).  It’s been nearly 10 years since the Supreme Court approved amendments to the Federal Rules of Civil Procedure (“FRCP”) to add language addressing electronically stored information (“ESI”).  At the time, we had not been introduced to Twitter, Facebook was celebrating its second birthday, and the iPhone, iPad...

How To Reduce Litigation Costs With Information Governance “We have cupcakes for Brenda’s birthday in the break room!” While everyone likes cupcakes, emails like these, if not managed appropriately, can have significant costs in litigation and beyond.  No matter how much one likes cupcakes, no client likes them enough that they want to pay their litigation team to sift through multiple emails announcing their break room activities.  Yet, without quality information governance policies even sophisticated entities can pay to store, process,...

This topic deviates a bit from our typical article, however, the subject of student loans impacts nearly everyone in our industry.   Under § 523 of the Bankruptcy Code, to discharge student loans a debtor must show that “excepting such debt for discharge… would impose an undue hardship”. 11 U.S.C. § 523(a)(8).  I often tell debtor clients that in order to discharge student loans, you have to either be dead, or on death’s front door. 11 U.S.C. § 523(a)(8) The issue of whether a...

The Glory Days of Document Review. Much has changed from the good old days when ESI consultants reviewed documents in huge warehouses.  Back then one could stand and survey his or her domain of bankers’ boxes, many of which were gently dusted with what was probably asbestos and had invariably been damaged in some long-forgotten flood or fire.  The possibility that your client wrote something damaging (or helpful) in an offhand e-mail was non-existent.  The likelihood of someone finding useful documents...

Section 544(b) of the Bankruptcy Code enables a bankruptcy trustee (or Debtor in Possession) to avoid any transfer of an interest of the debtor in property that is voidable under “applicable law” by a “qualified creditor”. This kind of action by a trustee is often referred to as an “avoidance action”. Before a trustee can maintain an avoidance action, the trustee must demonstrate the existence of a qualified creditor – meaning a creditor that: (a) has a right to avoid the transfers; and...

A recent decision from the Bankruptcy Court for the Middle District of Florida (In Re Stanton,  No. 8:11-BK-22675, 2016 WL 6299750 (Bankr. M.D. Fla. Oct. 26, 2016)) refuses to create a bright-line rule that denies additional compensation once an objection has been filed to a professional’s fee application.   The decision in Stanton appears to be in conflict with Baker Botts v. ASARCO, where the United States Supreme Court held that Bankruptcy Code § 330(a) does not authorize attorney’s fees for work performed defending a fee application because that work is...

Top