Five Helpful Tips for Preparing for Trial

One critical purpose for discovery is, of course, to prepare a case for trial. But in preparing for trial, a lawyer also prepares the case for mediation, allowing them to advise their client on the strengths of their position, possible arguments, and potential weaknesses. Everlaw’s integrated case-building tools help make sense of all the moving

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Machine Translation: Reviewing Foreign Language in Ediscovery

Today’s post is all about the real-world application of machine translation. Our guest contributor, Joshua Gilliland, Esq. of Bow Tie Law, shares his experience reviewing foreign language in ediscovery. The first foreign language lawsuit I worked on as an attorney was an international price fixing case with defendants in Japan and Germany. Boxes of printed

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Instead of Fighting About Discovery, Set up First and Second Pass Review to Produce Responsive ESI

Reviewing electronically stored information (“ESI”) for productions should be a streamlined process to identify responsive information. Parties often find new and exciting ways to derail document review. Consider the employment discrimination case of Bird v. Wells Fargo Bank, where the Defendant took the following positions: It would take 6-8 weeks for it to collect the

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In Camera Review of Claimed Privilege Communications: Dyson, Inc. v. SharkNinja

Protecting confidentiality can be a challenge for attorneys when someone outside of the firm needs to review data in a review database. Questions they’ll typically consider: How can a court rule on communications claimed privileged? How will an expert review a litigation support database to prepare a report without seeing any attorney work product, arguably

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Why Small Firms Should Embrace Modern Ediscovery Technology

Industry Standards of Care Law schools around the country have taught the TJ Hooper case1 for over fifty years. In that case, two barges carrying coal in 1928 from Virginia to New York sank during a severe storm. A claim was filed stating that had the tug boats towing the barges carried radios on board,

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Strategic Document Review: From Issue Coding to Privilege Logs

Strategy is key to finding relevant and responsive discovery to requests for production. In the case of FlowRider Surf, Ltd. v. Pac. Surf Designs, Inc., the Defendant brought a motion to compel production of documents for all search term “hits” without any relevancy review.1 The Defendant claimed that because their requests for production were “narrowly-tailored

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The Hound of the Boilerplate Objections: Fischer v. Forrest

Magistrate Judge Andrew Peck is one of the leading judges on ediscovery and a longtime Sherlock Holmes fan. Judge Peck’s opinion in the trademark and copyright case Fischer v. Forrest is a study in scarlet for those who make boilerplate discovery objections.1  Federal Rule of Civil Procedure Rule 34(b)(2)(B)-(C) was supposed to be the Reichenbach

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Tales of Proportionality and Predictive Coding

A funny thing happened in 2015: courts regularly applied proportionality analysis to the scope of discovery and discussed predictive coding like it was normal. Here is the shocking thing: both topics are “normal” and should not be considered earth-shattering. A Case of Proportionality One of the many 2015 cases in which proportionality intersected with predictive

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Case Studies in Privilege Review: Northrop Grumman Sys. Corp. v. United States

Privilege review requires planning. Attorneys need to ask: what privileges are at issue in a lawsuit? Who could possibly be claiming a privilege? What are the elements of that privilege? Many parties today include a clawback agreement into their discovery orders. Such clawback agreements require, under the Federal Rules of Evidence Rule 502(b)(2) and (3),

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Telling Your Story Chronologically

Timing is everything. Lawyers know all too well that we present cases to juries in the form of chronological stories. I learned this on one of the first cases I worked on, where the chronology of when faxes were sent showing a contractual change was evidence of a breach of fiduciary duty owed to the Plaintiff. The chronology

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