Cell phones and tablets have become the modern day Swiss Army Knife, the key to survival when navigating the treacherous trails of daily life. Not only can these devices guide you through the vast array of potential restaurants, transit systems, social events and shopping centers, they can also capture these moments in digital images and [...]
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Author Archives: James G. Ryan
Court Awards Defendants $2.8 Million in Computer-Assisted Review Fees
February 27, 2013 – 8:49 pm
Gabriel Technologies Corp., et. al, v. Qualcomm Inc., et. al, 08CV1992 AJB MDD, 2013 WL 410103 (S.D. Cal. Feb. 1, 2013). On February 1, 2013, District Judge Anthony J. Battaglia for the Southern District of California awarded the prevailing parties over $12.4 million in attorneys’ fees; $2.8 million of which were related to fees generated [...]
Cyber-Attack
January 28, 2013 – 4:51 pm
Imagine the power grid shutdown, transportation at a standstill, and a contaminated water supply all occurring at once. These collective disasters Janet Napolitano, United States Homeland Security Secretary, cautioned, could result from a major cyber-attack. Napolitano noted that such an attack could have a tremendous impact equivalent to Superstorm Sandy that crippled the Northeast. Napolitano [...]
How to Navigate Social Media Discovery in New York
January 22, 2013 – 2:41 pm
With the increased use of social media, the laws regarding such have been evolving. Discovery of social media has become routine and can be extremely helpful during the discovery phase of litigation. Now that the use of social media discovery has become common, the question becomes how to go about making a request and physically [...]
Fourth Circuit Rules Emails Sent from Husband’s Work Address to His Wife Are Not Privileged
January 16, 2013 – 9:42 am
United States v. Hamilton, 701 F.3d 404, 2012 U.S. App. LEXIS 25482 (4th Cir. Va. 2012) On December 13, 2012, the Fourth Circuit found that emails sent from a husband to a wife were not protected by the marital privilege because they were sent from his work computer. In United States v. Hamilton, a jury [...]
OCA Proposes Amendments to Extend the Discussion of e-Discovery Issues to non-Commercial Division Cases
January 15, 2013 – 2:10 pm
In a memorandum issued on January 7, 2013, the New York Office of Court Administration (“OCA”) proposed amendments to both the Uniform Rules of the Trial Courts (22 NYCRR § 202.12(b) and (c)(3)) and the Rules of the Commercial Division (22 NYCRR § 202.70(g)). The amendment to § 202.12(b) will extend the requirement that counsel discuss e-discovery [...]
The Problem with Keyword Searches: Not Everyone Can Spell
December 7, 2012 – 2:28 pm
It has been over a year since the verdict in the trial of Casey Anthony, a mother who was accused of murdering her two-year-old daughter, Caylee. The acquittal was widely covered in the media due to strong emotional responses by many of the people following the case. Recently, new evidence was found after an Orlando [...]
Attention Employers: Be Careful How You Classify Your Litigation Support or E-Discovery Employees
November 6, 2012 – 2:42 pm
Kadden v. VisuaLex, LLC, No. 11-CV-4892 (S.D.N.Y. Sept. 24, 2012). On September 24, 2012, United States District Judge Scheindlin, recognized and respected for her e-Discovery related opinions, ruled that a law school graduate who was hired as a $75,000-a-year litigation graphics consultant was not exempt from the overtime requirements of the Fair Labor and Standards [...]
Simple Solutions: Optical Character Recognition with ABBYY FineReader 11
October 12, 2012 – 9:00 pm
In modern litigation, the discovery process is often lengthy and expensive, depending on the complexity of the issues and the amount of documents that may need to be produced. Frequently, e-discovery vendors are necessary to help organize and sift through the potential millions of pages of documents that both your client delivers to you or [...]
Judge Scheindlin Sends Federal Agencies a “Message” About Their E-Discovery Obligations Under the Freedom of Information Act
August 24, 2012 – 3:46 pm
Nat’l Day Laborer Org. Network v. United States Immigration & Customs Enforcement Agency, 2012 U.S. Dist. LEXIS 97863 (S.D.N.Y. July 13, 2012). Shira A. Scheindlin, U.S.D.J. for the Southern District of New York, has issued a forty – nine page decision in Nat’l Day Laborer Org. Network v. United States Immigration & Customs Enforcement Agency [1] [...]