e-Discovery Insights

Charon Solutions Partners with i365, A Seagate Company

YCDBSOYA.  I try not to blow my own horn too often on this blog, but this is why I haven't been posting too often of late.  I'm happy to give you this little sneak peak (formal press release to follow later) that I have partnered with i365, A Seagate Company.  Things take time these days - I've been working on this for over six months.

Maybe now I can get back to posting more often.  Thanks for your patience!

UPDATE:  Here's a link to the 'official' press release...

Facebook - Growing Pains or Pains Growing?

I'm posting this New York Times article about Facebook because it takes more of an in-depth look at why the service exists.

I'm sure some would respond, "to allow people to communicate with each other", but is that really the answer?

For me, the most telling statistic is in the first paragraph; 100 million members as of August, 2008 and now the 200 millionth member is imminent.  That's some exponential growth!

Yet, none of them pays a dime.

Common Law not so Common Anymore

If you haven't already seen it, please visit e-Discovery Team's site and read my colleague Ralph Losey's outstanding piece on Judge Shira Scheindlin. 

I've been having a theoretical discussion with some very bright legal minds about the critical influence of judges on the future of e-discovery.  My theory is that e-discovery is causing the resurgence of common law over statutory law.

Our system of jurisprudence is a series of building blocks.  Originally, the principal block was common law (also known as 'judge-made' law).  One could trace the progression as it passed through the hands of various courts over the years as 'modern' principles and sensibilities of the particular time were applied.

Later, statutory law moved to the forefront and the judges' role changed to one more of interpretation and application than creation.

What I see happening now is judges taking a very active role in not only interpreting and applying e-discovery rules, but channeling Chief Justice Marshall from Marbury v. Madison, as we used to study in Constitutional Law class:

"It is emphatically the province and duty of the judicial department to say what the law is."

Eh?  It's a theory...

e-Discovery LOL: "YCDBSOYA!"

This is a tribute to my dad, who passed almost 12 years ago.  Without his guidance, who knows where I might have ended up?

What you're looking at is his tie-clip and cuff link set that I cherish greatly, especially in tough economic times like these.  I haven't posted as often nor as robustly as I would like lately, and this is the reason.  To a certain extent, you can do business by phone, email or through the internet, but ultimately, "You Can't Do Business Sitting On Your Ass!"

e-Discovery LOL: Our Troubles are Over!

...what we've all been waiting for...

...from my friends at disklabs...have a great weekend...

Jurors take the Law, PDAs - and e-Discovery - into their Own Hands

Coming soon to a courtroom near you; sequestering with no access to electronic devices, and all movement and correspondence monitored - for the entirety of every trial.  Got any better ideas?

On the heels of my post late last week about "Juror Jonathan", comes the following story from the New York Times about jurors ignoring their judges' admonishments and conducting their own online research during trials.

Courts have always operated on the honor system when it comes to non-sequestered juries.  We hold out hope that when a judge issues jury instructions, they will be taken seriously and followed to the letter of the law.  Unfortunately, we also know that individuals violate these rules all of the time.  Sometimes they're caught - sometimes not.

Now, virtually every PDA comes equipped with the ability to access the internet, so jurors can conveniently misbehave on their breaks!  If our system of jurisprudence can't get a handle on how to control juror misconduct, here's the next place they'll be getting a 'handle' on them:

Tips & Tricks: e-Discovery Dictionary: Volume I

...hat tip to my friends at EDD Update...

Jones Dykstra & Associates has created an e-Discovery dictionary which I think has the potential to be very useful to anyone unfamiliar with the territory.  I'm going to keep an eye on it - maybe you should, too.

Sorry - I've Been at the 'Bar'

...just wanted to drop in to say hello...

Normally, I try to post about three times a week.  Recently, I was honored to be asked to write an analysis of California AB 5 for the State Bar of California's Solo & Small Firm Section publication, "Trial Style", so I've been squirreled away working on that. 

Unfortunately, it's an exclusive, so I can't post it here until after it's published (publish date TBD).  I have more subjects in the queue so they'll be up later in the week - maybe even tonight...

UPDATE - The editor has informed me that my article will likely be published in the June issue.

"Juror Jonathan" Gives Proceedings the 'Bird'

This 29-year-old juror in Arkansas obviously didn't read my post yesterday.  He sent 'tweets' during a trial in which his jury awarded two Plaintiffs $12.6 million.

When I said evidence can be used for purposes most people don't think about, this is exactly what I meant.  In this case, the Defendant is making an argument of bias on the juror's part as a basis for a motion seeking a new trial.

Actually, they raise a fascinating question of law (for people like me, anyway):

"Arkansas law requires defendants to prove that outside information entered the jury room and corrupted a verdict — not that information from the jury room made its way out."

But does it really matter whether the motion is granted or denied?  Look at the mess this juror has caused; in time, cost and possible (although unlikely) reversal.

Let's face it - "Juror Jonathan" is out of his tree.

e-Discovery California: AB 5: To the Senate, We Go!

It's Friday the 13th today.  It's Friday the 13th, today.  Whoa...a little deja vu there...I swear I just said that a month ago...

As per legislative procedure, AB 5 was "approved" by the Assembly and is now in the "other house" (the Senate).

Have a great weekend.  And please, don't drink and 'drive'.