Electronic discovery (or e-discovery, eDiscovery) refers to discovery in civil litigation which deals with the exchange of information in electronic format (often referred to as Electronically Stored Information or ESI). Usually (but not always) a digital forensics analysis is performed to recover evidence. A wider array of people are involved in eDiscovery (for example, forensic investigators, lawyers and IT managers) leading to problems with confusing terminology.
... Cooperation in e-discovery is not just an altruistic goal, but is required under New...
Once just proposals on paper, the recommendations set forth by a task force on commercial litigation convened by Chief Judge Jonathan Lippman a year and a half ago are gradually nearing actualization
In their Ethics and Criminal Practice column, Stroock & Stroock & Lavan's Joel Cohen and James L. Bernard write: For many lawyers, the old ways die hard, and learning new tricks is not easy. This may
...appropriate means of determining relevant and discoverable documents for production. Addressing the e-discovery process more broadly, the court noted that, "[e]lectronic discovery...
...represents plaintiffs and defendants in complex commercial litigation. He has lectured on e-discovery, social media and ethics at judicial programs, as well as before...
In his State E-Discovery column, Mark A. Berman, a partner at Ganfer & Shore, writes: Since the summer, New York courts have issued a number of decisions that provide real practical guidance to clien
The New York Law Journal thanks our legal columnists who have been contributing to the Law Journal from the 1960s to the present day
Hal M. Stewart, former chief operating officer/executive director for two international Am Law 100 firms, writes: Choosing one among several (law firm) offers to accept can be one of the most importa
In his Complex Litigation column, Michael Hoenig, a member of Herzfeld & Rubin, analyzes a "hot off the press" ruling that declined to apply the federal 'Zubulake' spoliation standard applicable to E
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