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E-discovery
SCOTX Offers Significant Guidance Regarding Discovery of ESI
By Beth Graham - May 31, 2017
The Supreme Court of Texas has issued a significant decision related to the discovery of electronically stored information (“ESI”).
Picture It Settled® Launches Today at LegalTech New York
By Beth Graham - January 29, 2013
Disputing contributor Don Philbin launches the full version of Picture It Settled, a new tool for providing predictive analytics for the negotiation of litigated cases, at LegalTech New York today. According to the press release: Picture It Settled software is a highly intelligent predictive analytics tool that guides inside and outside counsel through the negotiation process, based on deep data harvested from thousands of cases. The online-acces
Judge Waxse E-Discovery Roundup
By Victoria VanBuren - November 12, 2012
by Jeremy Clare After blogging about In the Matter of Applications for Search Warrants for Information Associated with Target Email Address, we have come across several noteworthy materials related to e-discovery written by the Honorable David J. Waxse, the author of the Order. Judge Waxse is a Magistrate Judge with the U.S. District Court for the District of Kansas and a well-known scholar on e-discovery. He is an Observer to The Sedona Conferen
U.S. District Court Denies Applications for Search Warrants for Electronic Communications Due to Over-Breadth
By Victoria VanBuren - November 5, 2012
by Jeremy Clare Magistrate Judge David Waxse of the United States District Court for the District of Kansas denied two applications for search warrants in which the government sought to gain emails and faxes from accounts used by an individual that allegedly used the accounts in an email spam campaign to defraud other individuals. Magistrate Judge Waxse denied the applications because the warrants, as proposed, violated the Fourth Amendment. In I
Federal Circuit Unveils Model Order on E-Discovery in Patent Cases
By Victoria VanBuren - October 3, 2011
To address the problem of excessive costs of the discovery process, particularly in patent litigation, the Advisory Council of the Federal Circuit created recently a task force to draft a model rule for e-discovery governance. The final product, “Model Order on E-Discovery in Patent Cases” was unveiled on September 27 by Chief Judge Randall R. Rader at the 2011 E.D. Texas Bench and Bar Conference. The goal of the Model Order, Chief Ju
GUEST BLOG: Current Issues in eDiscovery & ADR
By Beth Graham - November 19, 2010
by Peter S. Vogel Michael Geigerman was the Moderator for a half seminar at the Washington University School of Law regarding complexities created by eDiscovery and Social Media on October 29, 2010. Mr. Geigerman is a full-time Mediator in St. Louis, the Managing Director of United States Arbitration & Mediation Midwest, Inc. (USA&M Midwest Inc.), and is an Adjunct Professor at the Washington University School of Law where he runs the ABA
The First Court of Appeals of Texas Limits Scope of Special Master Authority in eDiscovery
By Beth Graham - September 16, 2010
In a very troubling opinion, the First Court of Appeals of Texas has held that providing a special master with unrestricted access to all documents on a hard drive and discretion to employ or modify search terms is impermissible when discovery is ordered in a special appearance context. In In re Howard K. Stern, No. 01-09-00438-CV, (Tex. App.—Houston [1st Dist.] August 25, 2010) celebrity Anna Nicole Smith’s mother, Virgie Arthur, alleged in an u
GUEST-POST | eDiscovery Update: Special Masters and eMediation
By Victoria VanBuren - July 28, 2010
By Peter S. Vogel Special Masters can help Judges and parties in eDiscovery disputes and also reduce the cost of litigation. Also managing eDiscovery can be improved by using eMediators who can help simply eDiscovery disputes and reduce motion practice. My recent article in the Texas Lawyer discusses some of the benefits of eMediation and Special Masters in eDiscovery. Over the past 20 years I have served as a Mediator and Special Master in compu
International Arbitration Associations Issue Discovery Guidelines
By Victoria VanBuren - April 20, 2010
In response to criticism that international arbitration is becoming as time consuming and costly as U.S. litigation, (read ABA article here) several arbitration associations have published guidelines recently: The International Chamber of Commerce (ICC) Commission on Arbitration published a 2007 report entitled “Techniques for Controlling Time and Costs in Arbitration.” (available here) The report covers guidelines for the creation of the arbitra
Reminder | State Bar of Texas CLE Webcast on February 16: “When to Use eMediation or Special Masters in eDiscovery”
By Victoria VanBuren - February 10, 2010
Peter S. Vogel, trial partner at Gardere Wynne Sewell LLP and contributor of this blog and Allison O’Neal Skinner from the Alabama-based law firm Sirote & Permutt will host the TexasBarCLE Webcast “When to Use eMediation or Special Masters in eDiscovery“ on February 16, 2010 from 2-3:30pm. Here are more details: eDiscovery has changed litigation forever and now litigants need innovative ways to navigate the disputes that inevitably arise with
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