Court Orders Production of Non-Privileged Emails in Chain of Otherwise Privileged Emails

As originally published in Forbes.  In an important Order, Magistrate Judge Kathleen Tomlinson of the Eastern District of New York held that a non-privileged intermediary email in a chain of otherwise privileged emails cannot be withheld from discovery requests. In Benefitvision, Inc. v. Gentiva Health Services, Inc. (E.D.N.Y. May 23, 2011), the court considered the plaintiff’s…

What Technology-Assisted Electronic Discovery Teaches Us About The Role Of Humans In Technology

As originally published in Forbes. Co-authored by Amanda Jones & Ben Kerschberg If 2011 was the year of technology-assisted document review, 2012 will be the year of re-humanizing technology-assisted review at its most strategic points. Going forward, the focus will be not only on the foundational role humans play in guiding document assessment, but also on the…

E-Discovery Moves to the Cloud

As originally published in Forbes (Aug. 26, 2011). Electronic discovery is moving to the cloud. This is hardly surprising when one considers the client-focused benefits of cloud computing and the extraordinary market opportunities for vendors. Let’s look at the numbers. The market for electronic discovery continues to grow with some estimates indicating aggregate software and…

Automated Management of Legal Holds

As originally published in Forbes (July 6, 2011). Recent federal court cases have reinforced that legal holds are an indispensable element of electronic discovery. A legal hold is a corporation’s legal duty to preserve electronically stored information (“ESI”). A hold issued internally within a corporation places potentially key custodians on notice to retain materials that…