Closing The Loop

Articles on eDiscovery Case Law

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

To counter discovery gridlock, courts turn to shaming, cookies and other desperate acts

This post is a companion piece to an ACEDS webcast Logikcull presented yesterday on sanctions and the new e-discovery rules amendments. The recording is available here.  Robert Hilson   |     02 Dec 2015

A Visual Representation of Predictive Coding Case Law

A body of case law can be made to look an awful lot like a solar system, with clear centers of gravity, precipitating events, dependent relationships -- and random moons just off doing their own things. Robert Hilson   |     23 Sep 2015

Judge Facciola: We're walking a tightrope between two terrible alternatives

This is part two of our three-part conversation with retired United States judge John Facciola, among the foremost authorities on the relationship between technology and law. Part one is here. Below we discuss ... Robert Hilson   |     01 Sep 2015
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