Closing The Loop

Articles on eDiscovery Case Law

Judges have little insight into exact costs of e-discovery, don't see TAR use

Recent amendments to federal discovery rules have renewed attention on the concept of "proportionality" -- a cost-benefit analysis at the heart of many judicial determinations about fairness. Robert Hilson   |     24 Jun 2016

This article on lawyer cybersecurity will scare you out of a malpractice suit

On the heels of reports of data breach at some of the most prominent -- and shadowy -- law firms in the world, and increasingly routine headline-making cyberattacks on household names, data security in the lega... Robert Hilson   |     10 Jun 2016

Court says, at $800 an hour, snail-paced doc review won't cut it

It's not uncommon for disputes to arise over fee padding or churning, where more hours are billed than the work justifies. With the rise of large scale discovery projects, often black holes within which it is e... Robert Hilson   |     01 Jun 2016

Is application of spoliation sanctions still a crapshoot?

After years of tinkering and fine-tuning, discovery-related amendments to the Federal Rules of Civil Procedure finally took effect on December 1. Courts across the US have spent the subsequent six months thinki... Robert Hilson   |     23 May 2016

For mere 'irresponsible behavior,' court reaches for Rule 37's heavy artillery

When Rule 37(e), which outlines penalties for spoliating ESI, was amended last year, it was for the purpose of implementing a national standard intended to give some clarity as to how and under what circumstanc... Robert Hilson   |     11 May 2016

New court decision, same old eDiscovery thinking

Normally, parties are responsible for paying their own costs. But as litigants have grown more assertive in their attempts to recoup those costs upon obtaining successful judgments, court orders requiring the l... Robert Hilson   |     04 Mar 2016

Judge Mix on e-discovery black boxes and blind spots: Cost, predictive coding and more

We've devoted much of this year and this particular space to confronting capital-B Big Issues -- everything from access to justice, to the gap in technology competence, to the corrosive effects of discovery-dri... Robert Hilson   |     14 Dec 2015

Watch ACEDS webcast on e-discovery sanctions and rules amendments

Yesterday, Logikcull presented an educational webcast for ACEDS on emerging ethical guidelines in e-discovery, judicial use of sanctions to enforce that guidance, and the significance of the latest federal rule... Robert Hilson   |     02 Dec 2015
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