January 25, 2021

Lawyers Talking About System Security

For reasons obvious to some – certainly to a good number of my own colleagues here at AccessData – the collision between the previously insular worlds of security and lawyers is making headlines and conference agendas with unprecedented… Read more

Show Me the Money – Proposed Rule Changes Take on the Spiraling Costs of Discovery

In 2013, suggested changes to discovery rules on both sides of the Atlantic highlight the increasing concerns shared by Americans and their British neighbors over litigation costs, as well as each region’s unique attempts to address them. … Read more

Crossing the Border without Crossing a Line

The Sedona Conference’s recent publication of best practices in managing cross-border discovery underscores the intensifying conflict between broad US discovery practices and international privacy laws.  The draft document, appropriately… Read more

When Courts Disagree

On the tail of clear divergence among courts on the issue of the required showing for the imposition of spoliation sanctions (compare Orbit One Communications, Inc. v. Numerex Corp., 2010 WL 4615547 and Pension Committee of the University of… Read more

The Culture of Sanctions

A recent trip to London offered new perspective on e-discovery practices and culture here at home. To give just three examples, American courts place greater emphasis on ethics and sanctions than our English counterparts, as well as a slightly… Read more

Privacy Update: Does Current Law Comport with Modern Search and Collection?

The topic of privacy keeping pace with new technologies is far from new and we can find articles on the issue almost weekly, each one suggesting that it is time for U.S. Supreme Court adjudication (See article posted on Law.com, Questions in the… Read more