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Cutting Outside Counsel Litigation Spend: Insourcing v. Outsourcing "aka" the Magic Behind E-Discovery Right-Sourcing

Most in-house counsel agree that reducing overall outside counsel spend, particularly when it comes to litigation spend, is a laudable goal. While the underlying needs and high-stakes antes of this objective have admittedly increased following the Global Financial Crisis of 2007-2008 and subsequent recession, foreclosures, and rarely seen historically high unemployment figures only recently finding relief, the need to reduce outside counsel litigation spend has always been present according to most, and, as such, is rather old news.   

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Legal Alert: NLRB Holds Employees May Use Employer Email Systems for Non-Work-Related Communications

In a reversal of precedent, a divided National Labor Relations Board (“NLRB”) held yesterday that employees have a right to use their employers’ email systems for non-business purposes, including statutorily protected communications regarding the terms and conditions of their employment and regarding union organizing efforts. See Purple Communications, Inc., 361 NLRB No. 126 (December 11, 2014).  The NLRB’s ruling stemmed from a case brought by the Communications Workers of America union after it unsuccessfully attempted to organize employees of Purple Communications, Inc., a company that provides interpreting services for the deaf and hearing-impaired.  The union argued that prohibiting the company’s workers from using the company’s email system for non-business purposes and on behalf of organizations not associated with the company interfered with the CWA’s organizing efforts. 

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KMK’s November 2014 E-Discovery Round-Up

Good afternoon E-Discovery enthusiasts and welcome to KMK’s November 2014 E-Discovery Round-up.  Up for inspection this month are a couple of cases where costs relating to the discovery of electronic documents were recovered.  These are highly informative and instructive cases, so easily, they should be on the radar of any well-informed E-Discovery practitioner!  Let’s dive in, shall we? 

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KMK’s Spook-tacular October 2014 E-Discovery Round-up, Halloween Edition

Hello E-Discovery enthusiasts, welcome to KMK’s Spook-tacular October 2014 E-Discovery round-up, Halloween edition!

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September 2014 E-Discovery Round-Up

Hello E-Discovery enthusiasts and welcome to KMK’s September E-Discovery round up.  This month we take a closer look at a recent U.S. Tax Court ruling approving predictive coding, salivate as the FRCP Amendments are approved by the U.S. Judicial Conference and update you on some upcoming screenings of Joe Looby’s acclaimed documentary, “The Decade of Discovery” – so let’s get started, shall we? 

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Two Recent Rulings on Taxing e-Discovery Expenditures as Costs

Federal district judges sitting in Nashville and Chicago recently issued rulings declining to tax as costs under 28 U.S.C. § 1920 several categories of e-discovery expenses incurred by the prevailing parties. 

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Post-Labor Day 2014 E-Discovery Round-Up

This month we warm ourselves in the heat effervescing from the “random vs. seed set” controversy, take a look at an unorthodox, yet appropriate sanction ruling and shudder at the sheer magnitude of data created during “one second on the internet.”

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Judgment Entered Against Attorney/Defendant for His Egregious Intentional Spoliation

One of the U.S. District Court judges  in New York City recently granted judgment to the plaintiff and against attorney/defendant for his egregious intentional spoliation of highly-relevant evidence.  Citing defendant's “planned, repeated, and comprehensive” destruction of “relevant emails and other electronic documents,” the judge termed the spoliation “willful and malicious” and found “clear and convincing evidence” of “serial spoliation” in “bad faith.”

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Magistrate Judge Endorses Use of Predictive Coding

In a case featuring a heated pretrial-discovery battle between heavyweights, a U.S. District Court Magistrate Judge in Tennessee recently approved the use of predictive coding in reviewing over two million documents for responsiveness.  

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Rule 502(d) Orders and the Attorney-Client Privilege

In today’s increasingly data-driven world, compliance with discovery requirements can mean production of hundreds of thousands of pages of documents, if not millions. Federal Rule of Evidence 502(d) was enacted to reduce the costs and risks associated with discovery, and to allow a federal court to protect the privilege of documents that have been inadvertently disclosed. Federal Rule of Evidence 502(d) provides that “a federal court may order that the privilege or protection is not waived by disclosure connected with the litigation pending before the court – in which event the disclosure is also not a waiver in any other federal or state proceeding.”

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