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  • No Sanctions For Failure to Preserve Where Deleted Call Recordings "would not have been supportive of Plaintiff's claim"
  • Special Master Analyzes Privilege Search Terms, Addresses Objection that they were Overbroad
  • Opinion Highlights Questions Surrounding Proper Predictive Coding Protocols
  • Court Orders Adverse Inference for Failure to Prevent Automatic Deletion

(news from K & L Gates)

Technology Counsel is the discipline at the crossroads of law and technology.  Here at, it’s where you can find news, information and commentary on legal and technology issues important to the emerging role of practitioners who must bridge the disciplines of law and technology.

Technology Counsel Articles

Industry News

  • EDRM: Beyond the Boxes -

    While most people in the e-discovery industry have heard of the Electronic Discovery Reference Model (EDRM), many think it is simply a chart that describes the stages of the e-discovery process. However, the EDRM is more than a bunch of boxes; it is an organization that drafts and makes available practical information to help everyone who works within the e-discovery space. Members of EDRM represent a diversity of professions that touch discovery in a variety of ways. There are services providers, software companies, IT professionals, litigation support professionals, law firm attorneys and corporate counsel who all bring their breadth of experience to the table. Having a diverse membershipcontinue…

  • Webcast : State e-Discovery – 6th Annual Update with Tom Allman -

    Date: Wednesday December 12, 2012
    Time: 1:00 PM ET / 10:00 AM PT (60 minutes)

    Tom Allman, the leading expert on state e-discovery rules, provides an update on what’s new in e-discovery at the federal level and how those developments are impacting state-level activities.

    This informative session will also include:

    • The status of state e-discovery rule-making, identifying the 10 states that still have not acted

    • Wisconsin’s efforts in cost-shifting and Florida’s new Sunshine Act

    • Highlights from Allman’s recent paper, “Preservation and Discovery of ESI in Federal and State Courts after the 2006 FRCP Amendments”

    • A look forward to key e-discovery issues in 2013

    REGISTER NOWcontinue…

  • Delaware Chancery Court Sua Sponte Orders Parties to Use Predictive Coding -

    by Wendy Butler Curtis, eDiscovery of Counsel, Orrick and Jeffrey W. McKenna, eDiscovery and Privacy Attorney, Orrick

    On October 15, 2012, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery ordered the parties in EORHB, Inc., et al. v. HOA Holdings, Inc., et al., Case No. 7409-VCL (Del. Ch. Ct. Oct. 15, 2012) to utilize predictive coding technology for their document review and productions or else show cause why the use of predictive coding was not appropriate. (See 10/15/2012 Tr. at pp. 66-67.)

    The court ordered the parties to locate a single eDiscovery provider that had the capability to separately house documentscontinue…

  • An Interview with Ralph Losey -

    2012 Homestretch and 2013: An Early Look

    Ralph Losey, one of the leading experts on e-discovery, is a partner and e-discovery chair at Jackson Lewis. His practice has been limited to e-discovery since 2006. Losey is a writer and an educator; he publishes books, articles and the e-Discovery Team Training blog; he teaches at the University of Florida; and he speaks at Sedona Conferences and many other events.

    Rebecca James regularly writes industry blogs and articles on a broad array of
    e-discovery issues and holds degrees in law and organizational development and curriculum design for adult education.

    James: How would you characterize the status of the e-discovery industry todaycontinue… is sponsored by Fios, Inc. Fios has focused solely on electronic discovery since 1999. With more than 4,000 cases completed successfully, Fios is your choice for quality results and cost predictability.

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