Archives: Ethics

Subscribe to Ethics RSS Feed

New Books by Jackson Lewis Principal and New Services for Predictive Coding Assisted Document Review

I serve as National e-Discovery Counsel for Jackson Lewis. I wanted to let you know that I had two books published this year by the ABA. In one, E-Discovery For Everyone, I am the sole author (available now on Amazon). The Foreword is by Judge Paul Grimm. This is my fourth book on electronic discovery. In … Continue Reading

Experts Praise Ralph Losey’s New Book: E-DISCOVERY FOR EVERYONE

Jackson Lewis’ National e-Discovery Counsel, Ralph Losey, has just released a new book, e-Discovery for Everyone. Experts are praising e-Discovery for Everyone as an important book for both pleasure and reference. As the title suggests, Ralph’s book is written for everyone with an interest in e-discovery. It is classified by the ABA as an introductory to intermediate level book. … Continue Reading

The Importance of Cybersecurity in eDiscovery

Cybersecurity is job number one for all litigation attorneys who handle confidential computer data. That’s because electronically stored information (ESI) held by law firms is now subject to frequent attack by criminal hackers. They have figured out that attorneys store valuable data of their clients in law firm computers. So when hackers cannot get at … Continue Reading

District Court in Washington D.C. Exposes Illegal e-Discovery by Department of Justice

U.S. Magistrate Judge John M. Facciola in Washington D.C., who is a well-known expert in e-discovery, issued a Memorandum Opinion and Order dated March 7, 2014, containing a stunning rebuke of the Department of Justice. His order reveals that the Department of Justice has been routinely using over-broad search warrants for email. The warrants allow the Department to … Continue Reading

Facebook’s “Hacker Way” of Management and e-Discovery

Facebook’s regulatory filing for its initial public stock offering included a letter to potential investors by 27 year old billionaire Mark Zuckerberg. The letter describes the culture and approach to management that he follows as CEO of Facebook. Most high-tech companies today follow this same management credo. Zuckerberg calls it the Hacker Way. Mark did not invent this culture. … Continue Reading

Plaintiff’s Backyard Summer BBQ of Her Computer Leads to Sanctions

Parties sometimes go to great lengths to avoid providing information during discovery. A case out of Mobile, Alabama, shows some people will even go so far as to burn their computer in a backyard BBQ. Evans v. Mobile Cnty. Health Dep’t, 2012 U.S. Dist. LEXIS 8530 (S.D. Ala. 2012). The plaintiff in this case was a former employee … Continue Reading

Fishing Expedition Discovers Laptop Cast into Indian River

There is a spot on the Indian River east of Orlando where the fish really byte. That’s because a defendant employee in a RICO case tossed her laptop into that river with millions of incriminating bits and bytes. Simon Property Group, Inc. v. Lauria, 2012 U.S. Dist. LEXIS 184638 (M.D. Fla. 2012). Defendant destroyed the evidence with … Continue Reading

More Courts Are Requiring Disclosure of Keywords

There is a clear trend in the law for a producing party to make disclosure of the keywords used to find documents responsive to a request for production. Moreover, all the requesting party has to do is ask. There is no requirement for a showing of good cause. This represents a further erosion of the … Continue Reading

Controlling e-Discovery Abuses with Rule 26(g)

Rule 26(g) of the Federal Rules of Civil Procedure (often called the Rule 11 of discovery) governs an attorney’s signature on discovery responses. A judge must impose sanctions if Rule 26(g) is violated. In spite of the rule’s requirement, we have not seen a sanction imposed under this rule…until now. U.S. Magistrate Judge Susan Gauvey … Continue Reading
LexBlog