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

California ethics opinion DOES NOT say hire a vendor and be done with it

There is an apparent paradox inherent to the California Bar's opinion on the ethical duties of attorneys to handle ESI in discovery. Robert Hilson   |     12 Aug 2015

SCOTUS' rejection of fish spoliation signals hope for discovery amendments

Editor’s note: Michael Simon is a former trial lawyer who has spent the last 15 years consulting on electronic evidence issues. He teaches Discovery Law and Practice at Boston University Law School and is a fre... Robert Hilson   |     28 Jul 2015

Meet the new eDiscovery, same as the old eDiscovery?

What's most striking about the Gibson Dunn 2015 Mid-Year E-Discovery Update is that there's not much at all striking about it. In fact, the only truly new topic of interest that has emerged this year -- the so-... Robert Hilson   |     24 Jul 2015

Find out how much Samsung paid for eDiscovery in its case against Apple

Litigation costs incurred for eDiscovery are notoriously opaque and rarely disclosed for public consumption. This is, perhaps, part of the reason they continue to elude wider scrutiny, even though organizations... Robert Hilson   |     07 Jul 2015

How HBO's 'Silicon Valley' nailed the absurdity of modern e-discovery in one scene

For those who don't know, "Silicon Valley" is a comedy on HBO that skewers the real-world Silicon Valley by caricaturing the power brokers and plebes who revolutionize the way we live (via Angry Birds). It focu... Robert Hilson   |     18 Jun 2015