July 24, 2019
In today’s fast-paced and technologically advanced world, parties involved in litigation require efficiency and efficacy in the realm of discovery. To this end, many parties involved in litigation contract with third-party vendors for the provision of e-discovery services. Before any information is shared with an e-discovery vendor, a disclosing party must determine whether it is subject to the…
July 24, 2019
Beyond litigation: The use of e-discovery tools in the transactional practice
The discovery phase of litigation often results in the need to process enormous quantities of electronic data. This has resulted in the development of powerful e-discovery platforms and tools to assist companies and their legal counsel in processing this information, resulting in significant efficiencies and costs…
July 24, 2019
The discovery phase of litigation often results in the need to process enormous quantities of electronic data. This has resulted in the development of powerful e-discovery platforms and tools to assist companies and their legal counsel in processing this information, resulting in significant efficiencies and costs savings. Although such investment was originally driven by the needs of litigators…
June 26, 2019
Attorneys are limited in the number of documents they can review and identify per day in a large discovery production. Luckily, technology-assisted review (“TAR”) is a useful tool to expedite review time when humans cannot handle it all. When set up correctly, TAR can return more accurate and complete results than any human review team, and can do it much faster. This is good news because we’re…
June 26, 2019
Are eDiscovery Costs Still Recoverable after the Supreme Court’s
decision in Rimini Street, Inc. et al. v. Oracle USA, Inc.?
A circuit split has existed for some time on whether eDiscovery costs are recoverable by a prevailing party. Generally, litigants rely on 28 U.S.C. § 1920 to seek recovery of eDiscovery costs. Specifically, litigants often point to section 1920(4), under which a court…
June 26, 2019
A circuit split has existed for some time on whether eDiscovery costs are recoverable by a prevailing party. Generally, litigants rely on 28 U.S.C. § 1920 to seek recovery of eDiscovery costs. Specifically, litigants often point to section 1920(4), under which a court may award “fees for exemplification and the costs of making copies of any materials where the copies are necessarily obtained for…
June 5, 2019
In a typical breach of contract action, the party asserting breach must prove: 1) the existence of a contract, 2) the existence and nature of the breaching party’s breach, and 3) damages. While seemingly straight-forward, proving a breach can be a tough burden to bear. Further, not every breach entitles the non-breaching party to a remedy. As set forth below, contractual default provisions can…
June 5, 2019
Lenders Beware -- Liens Don’t Float in Bankruptcy, But Are Frozen on the Petition Date:
This article examines the effect on “floating liens” that results when a borrower seeks bankruptcy protection under Title 11 of the United States Code (the “Bankruptcy Code”). Because the “floating” nature of a floating lien terminates on the date the borrower files a bankruptcy petition, this article includes…
June 5, 2019
Introduction.
This article examines the effect on “floating liens” that results when a borrower seeks bankruptcy protection under Title 11 of the United States Code (the “Bankruptcy Code”). Because the “floating” nature of a floating lien terminates on the date the borrower files a bankruptcy petition, this article includes a general discussion of strategies available to a lender to protect its…
April 23, 2019
In a typical computer network diagram, when a network path leaves the physical premises and goes into the internet, the internet is depicted as a cloud. This is because it is impossible to map all data traffic that leaves a private network or computer to be handled by an internet service provider. Once that data is in the internet “cloud,” it has innumerable possible destinations and paths. For…
April 23, 2019
WHOSE DATA IS IT ANYWAY?
MAKING SURE YOUR CLOUD STORAGE SERVICE
IS LITIGATION READY
In a typical computer network diagram, when a network path leaves the physical premises and goes into the internet, the internet is depicted as a cloud. This is because it is impossible to map all data traffic that leaves a private network or computer to be handled by an internet service provider. Once…
April 23, 2019
Technology is rapidly revolutionizing the way lawyers engage in discovery, analyze data, and formulate case strategy.[i] While the practice of law is quickly evolving to keep pace with an ever-shifting technological landscape, the law itself is often slower to adapt. One shift that seems inevitable, although potentially fraught with danger, is the use of electronic wills. Electronic wills are not…
July 24, 2019
In today’s fast-paced and technologically advanced world, parties involved in litigation require efficiency and efficacy in the realm of discovery. To this end, many parties involved in litigation contract with third-party vendors for the provision of e-discovery services. Before any information is shared with an e-discovery vendor, a disclosing party must determine whether it is subject to the…
July 24, 2019
Beyond litigation: The use of e-discovery tools in the transactional practice
The discovery phase of litigation often results in the need to process enormous quantities of electronic data. This has resulted in the development of powerful e-discovery platforms and tools to assist companies and their legal counsel in processing this information, resulting in significant efficiencies and costs…
July 24, 2019
The discovery phase of litigation often results in the need to process enormous quantities of electronic data. This has resulted in the development of powerful e-discovery platforms and tools to assist companies and their legal counsel in processing this information, resulting in significant efficiencies and costs savings. Although such investment was originally driven by the needs of litigators…
June 26, 2019
Attorneys are limited in the number of documents they can review and identify per day in a large discovery production. Luckily, technology-assisted review (“TAR”) is a useful tool to expedite review time when humans cannot handle it all. When set up correctly, TAR can return more accurate and complete results than any human review team, and can do it much faster. This is good news because we’re…
June 26, 2019
Are eDiscovery Costs Still Recoverable after the Supreme Court’s
decision in Rimini Street, Inc. et al. v. Oracle USA, Inc.?
A circuit split has existed for some time on whether eDiscovery costs are recoverable by a prevailing party. Generally, litigants rely on 28 U.S.C. § 1920 to seek recovery of eDiscovery costs. Specifically, litigants often point to section 1920(4), under which a court…
June 26, 2019
A circuit split has existed for some time on whether eDiscovery costs are recoverable by a prevailing party. Generally, litigants rely on 28 U.S.C. § 1920 to seek recovery of eDiscovery costs. Specifically, litigants often point to section 1920(4), under which a court may award “fees for exemplification and the costs of making copies of any materials where the copies are necessarily obtained for…
June 5, 2019
In a typical breach of contract action, the party asserting breach must prove: 1) the existence of a contract, 2) the existence and nature of the breaching party’s breach, and 3) damages. While seemingly straight-forward, proving a breach can be a tough burden to bear. Further, not every breach entitles the non-breaching party to a remedy. As set forth below, contractual default provisions can…
June 5, 2019
Lenders Beware -- Liens Don’t Float in Bankruptcy, But Are Frozen on the Petition Date:
This article examines the effect on “floating liens” that results when a borrower seeks bankruptcy protection under Title 11 of the United States Code (the “Bankruptcy Code”). Because the “floating” nature of a floating lien terminates on the date the borrower files a bankruptcy petition, this article includes…
June 5, 2019
Introduction.
This article examines the effect on “floating liens” that results when a borrower seeks bankruptcy protection under Title 11 of the United States Code (the “Bankruptcy Code”). Because the “floating” nature of a floating lien terminates on the date the borrower files a bankruptcy petition, this article includes a general discussion of strategies available to a lender to protect its…
April 23, 2019
In a typical computer network diagram, when a network path leaves the physical premises and goes into the internet, the internet is depicted as a cloud. This is because it is impossible to map all data traffic that leaves a private network or computer to be handled by an internet service provider. Once that data is in the internet “cloud,” it has innumerable possible destinations and paths. For…
April 23, 2019
WHOSE DATA IS IT ANYWAY?
MAKING SURE YOUR CLOUD STORAGE SERVICE
IS LITIGATION READY
In a typical computer network diagram, when a network path leaves the physical premises and goes into the internet, the internet is depicted as a cloud. This is because it is impossible to map all data traffic that leaves a private network or computer to be handled by an internet service provider. Once…
April 23, 2019
Technology is rapidly revolutionizing the way lawyers engage in discovery, analyze data, and formulate case strategy.[i] While the practice of law is quickly evolving to keep pace with an ever-shifting technological landscape, the law itself is often slower to adapt. One shift that seems inevitable, although potentially fraught with danger, is the use of electronic wills. Electronic wills are not…
