As businesses become more reliant on technology, when found litigating in California, businesses will find that a larger share of potentially relevant evidence is digital or electronically stored information (“ESI”). Read more
Lawyers are not strangers to online criticism and are faced with a unique set of ethical concerns when evaluating the proper response to online posts that are uncomplimentary, inaccurate, or untrue. Read more
It is an understatement to say that 2020 was a year of change. From parents and students adjusting to remote learning to employers pivoting to supporting remote workforces, to some degree, the global pandemic required all of us to confront new realities by embracing change. Read more
The statistics are disheartening. The ABA estimates that 400,000 lawyers in the United States are age 62 or older and that 63% of law firm partners 60 or older control at least a quarter of their firm revenue. Yet only 28% of law firms have a succession plan in place. Read more
The COVID-19 pandemic has forced those in the legal profession to transition to a virtual world in many respects. One example of this transition is conducting remote or “virtual” depositions. Given the expediency and efficiency of virtual proceedings, we are likely to see the continued use of virtual depositions after the pandemic ends. While virtual depositions present certain challenges, they are also time- and cost-effective. Read more
Technology Assisted Review (TAR), also known as predictive coding or computer-assisted review, has been defined as “[a] process for prioritizing or coding a collection of documents using a computerized system that harnesses human judgments of one or more subject matter expert(s) on a smaller set of documents and then extrapolates those judgments to the remaining document collection.” Maura R. Grossman and Gordon V. Cormack, “The Grossman-Cormack Glossary of Technology Assisted Review,” 7 Fed. Courts L. Rev. 1 (2013). Read more
Despite an historic 12-month period ravished by pandemic, political turmoil, and natural disasters, the spirit of human innovation and enterprise still managed to provide hope. Days ago, the Mars rover Perseverance and its helicopter companion Ingenuity successfully touched down in the Jezero crater on Mars. Read more
I hope you continue to stay safe and healthy during these unprecedented times. With so many distractions and reasons for anxiety swirling, and with the recent passing of Supreme Court Justice Ruth Bader Ginsburg, I am reminded of the life story of Isaac Lidsky. Read more