Closing The Loop

Articles on eDiscovery Case Law

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

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
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