Closing The Loop

Articles on Views From the Bench

Kicking the Hornet’s Nest: Judge Francis on eDiscovery, Inherent Authority, and the Supreme Court

Over more than thirty years on the bench, Magistrate Judge James C. Francis IV has seen discovery evolve from associates sifting through stacks of paper to technologically sophisticated systems culling through ... Casey C. Sullivan   |     25 May 2017

‘All I Need to Find Is That It Works’: Judge Maas on Modern eDiscovery

Over his 17 years as a magistrate judge for the U.S. District Court for the Southern District of New York, Judge Frank Maas earned a nationwide reputation as a leading jurist in the area of eDiscovery law, a te... Casey C. Sullivan   |     17 May 2017

Judge Scheindlin on the Goodyear Decision, Inherent Authority, and Sanctions

Over her nearly 22 years on the bench, Judge Shira A. Scheindlin left her mark on everything from the trial of John Gotti Jr., to the New York Police Department’s “Stop and Frisk” policy. But many of Judge Sche... Casey C. Sullivan   |     15 May 2017

Judge Scheindlin on Proportionality, Technology, and the Future of Discovery

Few people have had as much of an impact on modern eDiscovery as Judge Shira A. Scheindlin. As District Judge for the Southern District of New York, her series of groundbreaking decisions in Zubulake v. UBS War... Casey C. Sullivan   |     11 May 2017

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

Judge Beeler: 'Sometimes lawyers don't know where stuff is kept'

When it comes to complex litigation, everything is bigger in California: the companies, the lawsuits, the trade secrets. Everything, that is, except the discovery disputes. Where most of the rest of the country... Robert Hilson   |     21 Jun 2016

Cullcast: Judge David Campbell on whether new discovery rules are a stopgap

Long in the making discovery amendments to the Federal Rules of Civil Procedure took effect in December, but the impact they will ultimately have remains to be seen. Early signs indicate that at least some cour... Robert Hilson   |     08 Feb 2016

Cullcast: Judge Mix on opaque discovery costs, predictive coding disputes and more

In a 2005 “Meet the Rainmakers” feature for Law Practice Today, US Magistrate Judge Kristen Mix, then a distinguished trial lawyer in Denver, described herself as “highly organized,” “thorough,” “efficient,” “a... Robert Hilson   |     13 Jan 2016
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