Sophisticated Litigation Support Blog

Is it unethical for lawyers to hire ghost writers to fill the content on their blogs?

David Kaufer — Thu, 04 Feb 2010 09:38:30 -0800

Is it unethical for lawyers to hire ghost writers to fill the content on their blogs?

That question has been generating some debate among bloggers who do their own writing, Legal Blog Watch reports.

The debate took off after the blog Social Media Tyro condemned the practice, pointing to a paralegal who advertises her ghostwriting services for estate planning blogs at LegalGhostBlogger.com.

The website includes testimonials from satisfied lawyers like this one: “I would never have the time to do this consistently myself,” he says. “I have received great feedback from readers, some of whom ‘find me’ only because of her posts.”

Legal Blog Watch says the ethics questions include: Is it ethical for a lawyer to hire a ghost writer for his or her blog? Does the answer change if the lawyer discloses the posts are ghost written? And is it OK to out lawyers who use ghost bloggers?

Is your outside counsel costing you time, money and case results?

David Kaufer — Mon, 01 Feb 2010 06:07:15 -0800

By Kevin Brooks, Managing Partner, TERIS, Northern California

You may believe that litigation support management is better left to your outside counsel. And in some situations, this may be true. However, in many cases your law firm could be costing you time and money, as well as affecting case outcome. Law firms are experts in the law, but very few have the resources and data expertise to manage your litigation lifecycle properly.

This is why a growing number of corporations are bypassing their outside counsel and contacting TERIS directly to handle sensitive services such as eDiscovery, document review and digital forensics. As new case law brings the importance of eDiscovery into the spotlight, more and more companies are discovering that it is crucial to ensure compliance and avoid sanctions by working directly with a knowledgeable data expert.

When a litigation support provider works directly with the corporation, the provider can serve as an effective conduit for both the corporation and the law firm. The provider may even work with a number of different outside counsels, serving as the primary contact for the corporation.

Additionally, many law firms, as well as some vendors, still use one single platform to handle data. A knowledgeable and technologically adept litigation support provider realizes that the one-size-fits-all approach is inadequate and, instead, offers multiple solutions to fit different case and data needs.

Ten important reasons why you should hire a litigation support vendor directly:

1. Cost and Expense Forecast – Consult directly with data experts to more accurately identify costs for each project and keep expenses down. Vendors can also help cut future costs by proactively consulting on your data.

2. Timeliness – Manage requests and deadlines quickly and more accurately through direct contact with your service provider, eliminating delays that can sometimes occur when going through outside counsel.

3. Budget Management – Identify points of savings by being able to initiate volume discounts. The service provider can extend volume discounts as they build long-term relationships directly with corporations. You can also avoid the markup from some law firms which could increase your costs for services from 25 percent to as much as 100 percent.

4. Streamlined Litigation Management - Reduce the number of vendors your corporation works with. This is especially relevant if your company works with several outside counsels and all have their own separate lit support vendors.

5. Consultation – Give your litigation support provider a consulting role and front row view into the game plan instead of a 100 percent reactive position. By working with a provider who understands data, you can avoid sanctions for under or overproducing, which could reach tens of millions of dollars.

6. Preparation – Address issues at the earliest point in litigation and improve efficiency by involving the litigation support provider in planning from the start.

7. Expertise – Allow your outside counsel to concentrate on their core competency of legal strategy, while you work directly with data experts.

8. Resources – Access the most cutting-edge technology for handling data. Small and medium-sized law firms may not have an in-house IT department to manage large numbers of electronic documents.

9. Efficiency – Work hand in hand with the service provider, eliminating the middleman.

10. Security – Gain better control over sensitive data and information.

Tips for selecting the right provider for your company:

Look for a true end-to-end provider with a litigation preparedness plan that can take your cases from collections to processing, hosting and trial services.
Qualify the provider through experience; your law firm may spearhead that process.
Request references from companies that are similar to yours in size and industry.
Identify the service provider’s true capabilities vs. partnerships. Do they actually own, operate and control the processes themselves or do they collaborate with other providers?
Ask if they are software agnostic. Many providers are locked into one or two technologies, so verify that the service bureau has more than one solution and can meet all your needs.
Ensure their solutions are thoroughly tested and proven.
Verify that the provider has a true physical location and not a virtual office. Request a tour of the facility, as well as a copy of the workflow and security protocols.

It’s clear why your corporation and legal department should have direct interaction with litigation support providers to consolidate efforts and streamline costs. Experts such as TERIS bring a highly-specialized legal and data skill-set for case management, as well as the foresight and consulting experience for client management, so you can be confident your project is always handled with the highest level of professional care.

Kevin Brooks is a managing partner at TERIS, the largest full-service litigation support provider on the West Coast, offering sophisticated consultation-based solutions, state-of-the-art technologies and highly experienced project management. In the past five years, Brooks has achieved 250 percent revenue growth while managing 150 employees in multiple offices in Northern California. For more information, please visit www.TERIS.com.

CT Summation Announces Release of Discovery Cracker 5.5

David Kaufer — Wed, 27 Jan 2010 15:41:46 -0800

SAN FRANCISCO, Jan. 26 /PRNewswire/ -- CT Summation, part of CT, a Wolters Kluwer business, and the premier provider of litigation workflow and eDiscovery solutions, today announced the forthcoming release of CT Summation Discovery Cracker. Release 5.5 will capitalize on the current version which won the LTN 2009 Gold Award for EDD Services Processing. The enhancements to be delivered in Discovery Cracker 5.5 will provide corporations, law firms, and eDiscovery vendors with processing speed performance improvements while maintaining the best accuracy in the industry. The new version will be delivered with significantly improved data reporting tools, enhanced standard reports, and numerous new reports designed to meet our customers' eDiscovery needs.

Discovery Cracker is a complete solution making it possible for legal and data professionals to create unlimited PDF's or TIFF's, OCR image files, process international text characters, and much more. The solution provides unrestricted user access, enabling clients to leverage the collective power of their team without worrying about resources. In addition, Discovery Cracker is backed by a support team that has over 60 years of combined knowledge in some of the most complex, high output processing environments.

"Discovery Cracker has given our team a strategic edge resulting in increased efficiencies and more streamlined eDiscovery processes," said Alexander Call, J.D., Juris Imaging & Graphics. "The CT Summation team is patient, knowledgeable, and always ready to go above and beyond their duties to meet our eDiscovery needs."

Some of the key enhancements to Discovery Cracker include:

Performance improvements on average of over 100 percent, the fastest Discovery Cracker version to date
More accurate search and production of all responsive data – including embedded image files
Extraction of metadata from over 500 file types in 300+ languages at significantly greater speeds
Improved reporting package with enhanced standard reports, and numerous new reports designed to meet our customers' eDiscovery needs

"CT Summation is committed to providing the speed and quality that is demanded by a market focused on reducing the risk and cost of eDiscovery," states Tom Rump, general manager, CT Summation. "Discovery Cracker is the lead product in our eDiscovery product suite and will continue to be an important element in our solution set, now and into the future."

About CT Summation

CT Summation is the premier provider of litigation support and eDiscovery solutions that help legal professionals succeed from discovery to case review and analysis through production. From desktop and server applications to hosted solutions, CT Summation combines a set of award-winning technology solutions (iBlaze, WebBlaze, Enterprise, CaseVault, Discovery Cracker and CaseVantage) with market-leading expertise that provide the decisive advantage for law firms and legal departments, large or small. For more information, please visit www.ctsummation.com.

CT, a Wolters Kluwer business, provides the tools to help legal and financial professionals manage risk on many levels. From managing corporate compliance to legal department performance; trademark protection to matter management; electronic data discovery to preparing cases for litigation, CT has the right solution to meet a host of needs. CT is based in New York City. For more information, please visit www.ctlegalsolutions.com.

About Wolters Kluwer

Wolters Kluwer is a leading global information services and publishing company. The company provides products and services for professionals in the health, tax, accounting, corporate, financial services, legal and regulatory sectors. Wolters Kluwer had 2008 annual revenues of euro 3.4 billion, employs approximately 20,000 people worldwide and maintains operations in over 35 countries across Europe, North America, Asia Pacific and Latin America. Wolters Kluwer is headquartered in Alphen aan den Rijn, the Netherlands. Its shares are quoted on Euronext Amsterdam (WKL) and are included in the AEX and Euronext 100 indices. Visit www.wolterskluwer.com for information about our market positions, customers, brands and organization.

SOURCE CT Summation

RELATED LINKS
http://www.ctsummation.com

TERIS hosts successful eDiscovery CLE lunch - 30 legal professionals attend

David Kaufer — Wed, 27 Jan 2010 14:30:26 -0800

TERIS hosted its inaugural CLE program today in Seattle and 30 legal professionals from the Puget Sound legal community enjoyed free box lunches while learning how to reduce eDiscovery costs and avoid mitigation risks.

Presenting was Micah Kasdan, Vice President, ESI Business Development for TERIS (shown in the photo below) and Kelli Clark, Esq., Director of Professional and Litigation Services for TERIS Seattle.

The two packed an amazing amount of information into their one hour presentation and feedback from participants was overwhelmingly positive.

TERIS is planning on hosting additional CLE events in our other markets throughout 2010. Stay tuned for additional details and to learn when a TERIS lunch CLE will be in your city.

Judge Shira Scheindlin (S.D.N.Y.) "Revisits Zubulake" in Pension Committee of the Univ. of Montreal Pension Plan, et al., v. Banc of America Securities, LLC, et al.

David Kaufer — Tue, 26 Jan 2010 13:59:33 -0800

January 14, 2010

David Herron, Jeffrey Fowler, Eric Chan

In an 87-page opinion released this week, Pension Committee of the Univ. of Montreal Pension Plan, et al., v. Banc of America Securities, LLC, et al. (“Pension Committee”), Judge Shira Scheindlin of the Southern District of New York granted sanctions against 13 plaintiffs for their failure to properly preserve, collect and produce electronic documents.[1] Judge Scheindlin subtitled the opinion “Zubulake Revisited: Six Years Later.” She observed that, six years after the Court’s series of ground-breaking Zubulake opinions and decades after courts first addressed the discovery of electronic evidence, litigants are still conducting electronic discovery in an “ignorant and indifferent fashion.”[2] The Court then reviewed the steps a party is required to take to properly preserve evidence, and provided a legal framework for determining the severity of sanctions that may be issued against parties who fail to take those steps.

This Client Alert highlights the elements of Pension Committee that are likely to have the greatest impact on current e-Discovery practice and identifies a number of Practice Tips resulting from this decision.

Read the full article here

Paralegal Voice Podcast: Choosing a Litigation Support Vendor

David Kaufer — Tue, 26 Jan 2010 11:56:24 -0800

is a proud sponsor of:

Choosing a Litigation Support Vendor

Practice Management and Ethics Issues, Plus Choosing a Litigation Support Vendor

On this edition of The Paralegal Voice, co-hosts Lynne DeVenny and Vicki Voisin welcome Attorney Beverly Michaelis, Practice Management Advisor for the Oregon State Bar’s Professional Liability Fund, to discuss practice management, technology and current ethics issues for paralegals. Later in the program, Vicki will chat with Shawn Siek, Vice President of ESI Business Development at Teris, about what to look for in a service provider and hiring a litigation support vendor.

Special thanks to our sponsors, Teris, Westlaw Deposition Services, Clio, and the National Association of Legal Assistants (NALA).

Podcast: Play in new window | Download (Duration: 36:03 — 28.0MB)

Plaintiffs Sanctioned for Failure to Produce Electronic Files in Hedge Fund Suit

David Kaufer — Mon, 18 Jan 2010 14:52:01 -0800

From Law.com

Mark Hamblett
New York Law Journal
January 19, 2010

A federal judge has sanctioned 13 plaintiffs suing two collapsed hedge funds for negligence and gross negligence for their failure to preserve electronic files in discovery.

Saying "most plaintiffs conducted discovery in an ignorant and indifferent fashion," Southern District Judge Shira A. Scheindlin will assess monetary sanctions against all 13 plaintiffs and give an adverse jury instruction for six of the worst offenders in The Pension Committee of the University of Montreal Pension Plan v. Banc of America Securities LLC, 05 Civ. 9016.

"While litigants are not required to execute document productions with absolute precision, at a minimum they must act diligently and search thoroughly at the time they reasonably anticipate litigation," Schiendlin said in her 87-page opinion. "All of the plaintiffs in this motion failed to do so and have been sanctioned accordingly."

The lawsuit was brought by investors who sought to recover losses of $550 million following the liquidation of two hedge funds based in the British Virgin Islands. Banc of America and other defendants have already settled the case, which involves a total of 96 plaintiffs.

The chief defendant remaining is Citgo Fund Services, which was hired by the two hedge funds to perform certain administrative services.

It was Citgo that brought the sanctions motion, and it is Citgo that will be compensated, with a yet-to-be-determined amount, in the form of costs and attorney's fees, including fees and expenses associated with filing sanctions motions, reviewing declarations and deposing declarants.

Citgo, its parent company and two directors will also benefit in the adverse jury instruction with respect to six plaintiffs. Scheindlin said she will tell the jury that relevant evidence was destroyed after the duty to preserve arose and that the plaintiffs were grossly negligent. It would then be up to the jury to decide whether the evidence was relevant.

The six plaintiffs who will get the adverse instruction, including the Morton Meyerson Family Foundation and the Defined Benefit Plan for Hunnicutt & Co., she said, conducted "severely deficient" searches in response to document requests in 2003 and 2004.

The judge criticized the six plaintiffs for:

• failure "to institute a timely written litigation hold" -- a communication to employees to stop the routine and legitimate destruction of data in anticipation of commercial litigation or a civil enforcement action;

• failure "to collect or preserve anyelectronic documents prior to 2007;

• continued deletion of electronic documents after the duty to preserve arose;

• failure to request documents from key players;

• delegation of search efforts without supervision from management: and

• destruction of backup data potentially containing responsive documents of key players and/or submitted misleading or inaccurate declarations.

Scheindlin has written extensively on electronic discovery, especially in Zubulake v. UBS Warburg, 02 Civ. 1243, where she placed particular emphasis on the litigation hold in issuing a string of opinions on such matters as sanctions for destroying e-mails, sharing the costs of e-discovery and new standards for cost-shifting.

Scheindlin subtitled her opinion "Zubulake Revisited: Six Years Later."

In her opinion, Scheindlin lamented the time wasted in considering sanctions motions in complex cases involving electronic discovery, estimating that she and her two law clerks "spent close to 300 hours resolving this motion."

Scott M. Berman of Friedman Kaplan Seiler & Adelman is the lead lawyer for the pension funds, charitable foundations and other aggrieved investors who are pressing the case against Citgo.

"We respect the court's decision but believe that clients and counsel did what was required by existing law, custom and practice," Berman said. "In prior decisions the court has denied Citgo's motions to dismiss and for summary judgment. Other defendants have settled with plaintiffs and we look forward to trying the merit of the case against Citgo."

Lewis N. Brown of Gilbride, Heller & Brown is the lead lawyer for Citgo.

Eliot Lauer of Curtis, Mallet-Prevost, Colt & Mosle is Citgo's New York counsel.

"The court's opinion reinforces what it stated in the Zubulake case, that it is no longer an excuse to say 'Well, until I get a subpoena or a document request, I was destroying stuff in the ordinary course of business,'" Lauer said. "Counsel and the parties have an absolute obligation to take affirmative steps to ensure the litigation hold and the preservation of data is, in fact, maintained. You can't just pay lip service. It's cynical and insincere to hide behind ordinary document destruction programs."

Subscribe to New York Law Journal

Win one of our cool TERIS Water Bottles!

David Kaufer — Wed, 13 Jan 2010 14:20:20 -0800

Are you on Twitter? Here is your opportunity to win your own cool TERIS water bottle! We're giving away 2 per week - just send a tweet explaining how you will use it or what you most look forward to in 2010.

We're looking for creativity people! Be sure to include #DiscoverTERIS hashtag. To win, you must be a DiscoverTERIS follower. Good luck!

This contest closes February 28th, 2010

Microsoft Corporation Deploys Clearwell to Assist With E-Discovery

David Kaufer — Wed, 13 Jan 2010 10:39:24 -0800

Big news in the eDiscovery world (and Puget Sound area) with word that Microsoft selected Clearwell - which happens to be one of our featured solutions.

TERIS can work with corporations to either purchase the appliance and service (if they want to bring it in-house) or offer the service on an as-needed project bases.

The reality is there are not many corporations that can justify the cost of bringing the tool in-house anyway, because only a small percentage of companies deal with the same volume of litigation as Microsoft.

Regardless whether companies elect to purchase it or use it on a project basis, Clearwell is becoming even more pervasive and popular in the corporate world.

--------------------------------------------------------------------------------

MOUNTAIN VIEW, CA--(Marketwire - January 12, 2010) - Clearwell Systems, Inc., a leader in intelligent e-discovery, today announced Microsoft Corporation (NASDAQ: MSFT), a Fortune 500 company, has deployed the Clearwell E-Discovery Platform as a component of its in-house e-discovery strategy. Microsoft's legal and IT teams use Clearwell to increase the efficiency of the e-discovery process for litigation, regulatory inquiries and internal investigations.

"E-discovery costs are a significant portion of litigation costs," said Rich Wallis, deputy general counsel of litigation at Microsoft. "With the implementation of Clearwell's pre-processing, processing and analysis solution, we are further streamlining our e-discovery processes, starting with early case assessment, intelligent and appropriate minimization and search."

The Clearwell E-Discovery Platform is fully operational in less than 25 minutes and provides users with immediate visibility into case facts, significantly accelerating early case assessment. Clearwell's Transparent Search, metadata filters, and people analytics enable users to quickly and defensibly eliminate irrelevant documents and false positives, lowering processing costs and reducing review workload. The product's discussion threading and relevance ranking capabilities display documents in context, further increasing review throughput. Responsive documents can be produced or seamlessly uploaded into litigation support databases via EDRM-compliant XML and other major load file formats. In addition, the Clearwell E-Discovery Platform automatically tracks all actions on case documents throughout the e-discovery workflow, ensuring a defensible e-discovery process.

"The e-discovery expense will continue to increase as the amount of electronically stored information grows," said Kamal Shah, vice president of product management and marketing at Clearwell Systems. "To cope with this, many companies like Microsoft are choosing Clearwell to perform early case assessments in-house and gain control over e-discovery costs."

About Clearwell Systems

Clearwell Systems is transforming the way enterprises and law firms perform electronic discovery (e-discovery) in response to litigation, regulatory inquiries, and internal investigations. The Clearwell E-Discovery Platform automates the processing, analysis, review, and production phases of e-discovery via a single, integrated product. Leading organizations such as Constellation Energy, Cisco, DLA Piper, Johnson & Johnson, Toyota, and the Department of Homeland Security / Office of Inspector General are using Clearwell to accelerate early case assessments, intelligently cull-down data, increase reviewer productivity, and ensure the defensibility of their e-discovery process. Consistently ranked as a leader in independent industry surveys and reports, Clearwell Systems is an active participant in the Electronic Discovery Reference Model (EDRM) Project and The Sedona Conference. For more information, visit www.clearwellsystems.com, follow us on Twitter at http://twitter.com/clearwell, or subscribe to the E-Discovery 2.0 blog at http://www.clearwellsystems.com/e-discovery-blog/.

About Microsoft

Founded in 1975, Microsoft (NASDAQ: MSFT) is the worldwide leader in software, services and solutions that help people and businesses realize their full potential.

Are you in TheKnowList 30?

David Kaufer — Mon, 11 Jan 2010 16:24:47 -0800

End of March, the second “KnowList 30” will be published. TheKnowList 30 is a list of 30 ‘people to know’ in the legal IT industry, it is the only peer voted list of people in legal technology. The theme of this edition is Cloud Computing, a hot topic in the legal IT sector. The first edition featured law firm IT managers, legal IT software supplier executives, and legal IT publishers. Some claimed it was the usual suspects, others claimed there were too many unknowns and for a few it was something to blog anonymously about.

Don’t miss the opportunity to cast your vote and help deciding who is in or out. Click here to vote. If you want get involved in the second "Cloud Computing" edition, please contact Daniel Brown .

Reduce your Discovery Costs in 2010 - Puget Sound eDiscovery CLE

David Kaufer — Fri, 08 Jan 2010 13:11:00 -0800

Puget Sound attorneys are invited to an exclusive 1 hour CLE program focused on eDiscovery on Wednesday, January 27th from 12 pm - 1 pm.

The CLE will be held on the 33rd floor of Safeco Plaza Building (1001 Fourth Avenue) and a free lunch will be provided to those who register. Presenting will be Kelli Clark, Esq. and Micah Kasdan, both from TERIS.

This program is tailored specifically for General Counsel and Outside Counsel - the first half of the program will cover "eDiscovery 101" while the second will focus on cost savings and risk mitigation.

About the presenters

Micah Kasdan is Vice President, ESI Business Development for TERIS - Southwest. Micah consults regularly with attorneys and executives to develop custom methodologies for automating discovery reviews through modern litigation support technologies and has been serving the legal community for more than 7 years. Micah is frequently invited as a speaker and trainer for law firms and legal industry conferences and events. He has also published numerous articles in industry publications that showcase his expertise and knowledge of eDiscovery and the litigation support process.

Kelli Clark, Esq. is Director of Professional and Litigation Services for TERIS and is a leading eDiscovery and litigation matter expert. Kelli has been involved in the eDiscovery industry for 9 years, during which time she has managed hundreds of large-scale eDiscovery projects and managed client services, consulting and technical teams. As a subject matter expert, Clark has been a speaker on eDiscovery topics at CLE courses and seminars throughout the US and Europe, and has been called upon to provide testimony regarding e-discovery procedures and best practices.

Please click on the link below to register right away - only a limited number of spots are available.

Parking is available in the Safeco Plaza building garage (entrance is on Madison Avenue between Third and Fourth Avenues).

Veteran Litigation Support Project Manager Don Young joins TERIS Seattle

David Kaufer — Wed, 06 Jan 2010 04:31:02 -0800

Seattle, WA (PRWEB) January 7, 2010 -- TERIS Seattle announced today that veteran litigation support project manager Don Young joined the company as Electronic Project Manager. Young has more than seven years of litigation consulting experience and will serve a dual role of consulting clients on eDiscovery projects while also implementing proper data harvesting, processing, review methodology and production support.

Young is proficient in TrialDirector, Sanction, Summation, Concordance, TimeMap, PowerPoint, Illustrator, Photoshop, Adobe Premier and Adobe AfterEffects. He has been involved in numerous trials assisting in trial preparation and presentation in the courtroom. Young is a Certified Legal Video Specialist as well as a certified Summation trainer.

“Don’s versatile experience is a very important addition to the TERIS Seattle team,” said Todd Krivoshein, TERIS Seattle General Manager. “He has the ability to apply his unique experience combining hands on customer service with project management to deliver results that serve the client’s best interests, depending on the need/challenge facing the litigation support team.”

Young previously worked at Bridge City Legal, where he began his career as a Customer Service Representative in 2002. His responsibilities expanded and he became Litigation Project Manager, a role he served from 2005 until his move to TERIS.

He received his Bachelor’s degree from the University of Washington in 2003.

ABOUT TERIS

Founded in 1996, TERIS is the leading full-service litigation support service provider in the United States. TERIS provides Electronic Discovery, Computer Data Forensics, Consulting and Project Management, Managed Review and related services to corporate legal teams and law firms across the U.S. and internationally. TERIS’ staff of over 300 was named one of the top 20 eDiscovery service providers by industry researcher Socha-Gelbmann in 2008. The company operates a free job board for the legal profession at www.discoverlegaljobs.com and has offices in Seattle, San Francisco, Silicon Valley, San Diego, Phoenix, Austin, Dallas and Chicago. To learn more about TERIS, visit www.TERIS.com or follow the company on Twitter at www.Twitter.com/DiscoverTERIS.

Media Contact: David Kaufer, Vice President of Marketing and Communications, 206-521-8717 or DKaufer (at) TERIS.com

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The Electronic Discovery Reference Model Explained (in video)

David Kaufer — Tue, 05 Jan 2010 10:59:11 -0800

Ralph Losey is the lawyer, writer and educator behind the e-Discovery Team blog. He has created some excellent video content, including this explanation of the EDRM Model.

4th Annual Sedona Conference Institute Program on Getting Ahead of the eDiscovery Curve to be Held March 25-26 in Philadelphia

David Kaufer — Mon, 04 Jan 2010 10:18:42 -0800

Sedona, AZ (PRWEB) January 4, 2010 -- The Sedona Conference® announces that registration is now open for the fourth annual Sedona Conference® InstituteSM Program, entitled “Getting Ahead of the eDiscovery Curve,” to be held at the Westin Philadelphia Hotel in Philadelphia, PA on Thursday and Friday, March 25 and 26, 2010. The all-star faculty for this program includes nationally renowned members of the federal Bench, litigators from the plaintiff and defense bars, and in-house counsel.

The conference is chaired by Kenneth J. Withers, Director of Judicial Education and Content for The Sedona Conference®, and features United States Magistrate Judges John M. Facciola (DC), Paul Grimm (Maryland), and Craig B. Shaffer (Colorado). Also on the faculty are former in-house counsels Tom Allman (BASF), Patrick Oot (Verizon), and Ed Wolfe (General Motors), along with current in-house counsels Jason R. Baron (National Archives and Records Administration), Tim Moorehead (BP America), and Miriam M. Smolen (Fannie Mae). Rounding out the faculty are plaintiff and defendant counsels Kevin Brady (Connolly Bove Lodge & Hutz LLP), Conor R. Crowley (Law Offices of Conor R. Crowley), Joseph P. Guglielmo (Scott + Scott, LLP), Cecil A. Lynn, III (Ryley Carlock & Applewhite), and Jonathan Redgrave (Nixon Peabody LLP), and litigation support expert Sherry Harris (Hunton & Williams LLP).

Panels will focus on maximizing opportunities under the current rules and achieving proportional discovery through the meet and confer process.

The program will start with a keynote address by Judge Paul Grimm, followed by a roundup of the most recent case law, state rules amendments, and local federal rules developments. Panels will focus on extremely timely topics such as maximizing opportunities under the current rules by achieving proportional discovery through the meet and confer process; preservation, legal holds and “not reasonably accessible” ESI; and negotiating search protocols. Additional panels will discuss ethical issues surrounding Federal Rule of Evidence 502 and metadata, and shifting roles and responsibilities in a new economic environment. The program will close with two roundtable discussions, one of in-house counsel on practical strategies for meeting judicial expectations while reducing costs, and a second of judges providing the “view from the bench” of effective and efficient eDiscovery.

Registration is $1195/person, $1095/person if two or more from the same firm register at the same time, and for members of The Sedona Conference® Working Group Series. Registration for the program limited to 150 persons. To register, or to view the complete agenda and faculty bios, just go to www.thesedonaconference.org and click on the program title on the right side in the TSCI box, or call 1-866-860-6600.

Legal Recruiters Expect 2010 Will Be a Busy Year

David Kaufer — Mon, 04 Jan 2010 10:04:04 -0800

From ABA Law Journal:

The new year could bring more lateral movement among law firm partners, according to legal recruiters.

Partners were reluctant to make a move in 2009, two legal recruiters told the Recorder. They expect that to change in 2010.

Recruiter Stacy Miller Azcarate told the Recorder she expects a busy month, as she gets calls from lawyers who were waiting on compensation information.

"Anybody who has been waiting to make a move will be ready once they know where the numbers are," Azcarate told the publication. "I have so many people who have said, 'I'm going to call you in January.' "

Recruiter Avis Caravello agrees that 2010 could be busier, according to the Recorder. "Firms are absolutely making plans for a recovery," Caravello said. "Not a fast recovery, but a recovery nonetheless. This year, more than most, you'll see an uptick in movement, but I don't think it will be the catastrophic thing most people predicted, either."

Litigation Support Sales veteran Scott Robinson joins TERIS San Diego as Senior Account Manager

David Kaufer — Tue, 29 Dec 2009 04:48:22 -0800

San Diego, CA – December 29, 2009 – TERIS San Diego announced today that leading litigation support sales veteran Scott Robinson joined the company as its Senior Account Manager. Robinson has more than 10 years experience in sales and services in the litigation support industry and will serve as a client resource for eDiscovery, electronic services, traditional reprographic and related services provided in the litigation process. His primary focus is on Am Law 200 firms and in-house corporate counsel in the San Diego marketplace.

“We are excited to have Scott join our firm because he has a strong reputation in the San Diego market for providing superior service,” said Patrick Conolly, TERIS San Diego General Manager and Partner. “As our business continues to shift towards eDiscovery, managed review and related technology-driven services, we need professionals like Scott who have a thorough knowledge and understanding of these areas to serve our growing list of clients.”

Robinson began his career at Ikon Office Solutions LDS division in Downtown San Diego, CA as a Customer Service Representative in 1999 and later joined Legal Reprographics Inc., where he was named Employee of the Year in 2001. He was promoted to Account Manager at LRI and eventually became Key Accounts Executive at Alexander Gallo Holdings, Inc. (which recently changed its name to Esquire Litigation Solutions) in San Diego. Robinson has been named to the LRI/Esquire Million Dollar Presidents Club Sales Achievement Award the past two years.

He received his Bachelor’s degree in Business Communications from Point Loma Nazarene University.

ABOUT TERIS

Media Contact: David Kaufer, Vice President of Marketing and Communications, 206-521-8717 or DKaufer (at) TERIS.com

TERIS names Jason Marandas new Sales Manager for San Francisco Office

David Kaufer — Tue, 22 Dec 2009 02:13:12 -0800

San Francisco, CA – December 22, 2009 – TERIS announced today that Jason Marandas has joined the company as Sales Manager for its San Francisco office. Marandas will lead the sales team as it expands its Electronic Discovery, Computer Forensics and related litigation support service provider offerings to law firms and corporations in the San Francisco Bay Area.

Marandas has more than 12 years sales experience working with leading companies such as WebEx/Cisco, eUniversity and Corporate Express. He returns to TERIS, where he previously had served as Sales Manager in 2002, when the company was known as American Legal Copy. In his previous roles, Marandas set sales records, developed and helped close record deals and had the highest quarter ending bookings among a group of 17 sales professionals. He also successfully grew a sales team in the United Kingdom from five sales representatives to sixteen representatives, across London and Amsterdam offices while respectively increasing bookings quarter after quarter.

“We welcome Jason back to TERIS as we enter this exciting phase of growth,” said Stefan Wikstrom, Founder and CEO of TERIS. “We have evolved dramatically over the years, and find ourselves working with clients in eDiscovery, Forensic Services, Investigations and related IT issues. Jason’s success working for and with technology companies is a great asset for us as we continue to expand our growing list of clients in the Bay Area.”

Marandas joins TERIS after spending more than three years as Sales Manager for the United Kingdom SMB Division for WebEx/Cisco. He also served as a sales representative for the company, where he won Rookie of the Quarter and Presidents Club honors. Prior to WebEx/Cisco, Marandas worked in the sales group for eUniversity, where he set company sales records. He also worked as Sales Manager for Corporate Express for five years.

Marandas received a Bachelor of Science in Commerce –Finance from Santa Clara University.

ABOUT TERIS

Media Contact: David Kaufer, Vice President of Marketing and Communications, 206-521-8717 or DKaufer (at) TERIS.com

Three Minute Video on 'Victor Stanley v. Creative Pipe' and Search

David Kaufer — Mon, 21 Dec 2009 10:58:34 -0800

Thanks to the e-Discovery Team Blog for this.

This video is an excerpt from the last day of a law school class on Electronic Discovery taught by Professor Bill Hamilton and myself at the University of Florida. This three minute take summarizes and reminds the students about Victor Stanley, Inc. v. Creative Pipe, Inc., 250 FRD 251, 2008 WL 2221841 (D.C. M.D. 2008).

Dallas Area Paralegal Association's "Winter Wonderland" Luncheon Brightens Holiday Season for SPCA of Texas

David Kaufer — Mon, 21 Dec 2009 09:13:52 -0800

From the Dallas Morning News

DALLAS – Dec. 15, 2009 –The Dallas Area Paralegal Association (DAPA) hosted its annual holiday luncheon on Friday, December 4, 2009 at one of Dallas’ premiere private establishments, Park City Club. Nestled in the Highland Park/University Park communities, Park City Club (PCC) provided the perfect setting for DAPA’s 2009 “Winter Wonderland” event. Access to this spectacular venue was provided courtesy of local probate attorney and PCC member, Mr. Cooper Blankenship.

Each year the holiday luncheon committee chooses a local charity to receive all proceeds from the event’s raffle sales. This year’s beneficiary was The SPCA of Texas. Nearly $3,000 was raised to help The SPCA of Texas provide exceptional care and loving homes for its animals. DAPA was honored to support such a wonderful and deserving organization.

More than 125 guests enjoyed spectacular views of the city as they dined on delicious cuisine and listened as SPCA Humane Educator, Michelle Patterson, spoke of the SPCA’s mission to save animals and how donations help further their endeavors in our community.

DAPA is a voluntary non-profit corporation composed of paralegals, students and vendors working in all areas of law who are interested in furthering their own professional development and dedicated to the advancement of the paralegal profession.

Posted by tapla Dec 15, 2009

Every Alabama Lawyer Should Try the 'BCS Defense'

David Kaufer — Fri, 18 Dec 2009 10:01:13 -0800

from Above the Law by Elie Mystal

On Wednesday, we told you about Alabama defense lawyers who filed a motion to continue based on a conflict with the BCS title game. The judge has said he will grant the motion, even though the judge is an alumnus of Alabama's arch rival, Auburn. Deadspin explains this miscarriage of justice perfectly:

If you're going to start creating judicial precedents on the basis of college football schedules, then shouldn't you also conform those judgments to reflect a more proper demonstration of your allegiance? An Auburn judge should not only deny any motion filed by a U of A attorney, he should hold them in contempt of court and make them swear to tell the truth under an oath to Pat Sullivan. That's some smash mouth law makin'!
Instead, Circuit Judge Dan King says that a man who has waited four years to see the memory of his dead mother honored in a court of law can wait a few more months, because "If I didn't, they'd say, 'He just didn't grant it because he's an Auburn fellow.'" Yes, "they" might say that. They might also say that "He's an adult who doesn't think that educated professionals should get the day off every time they want hold recess outside." The Crimson Tide will solider on just fine without eight extra lawyers getting hammered in the Rose Bowl parking lot.

Auburn fans, it looks like Judge Dan King needs a friendly email reminder about which side his bread is buttered on.

It's not like the motion went unanswered -- plaintiff's attorneys filed a response.

The plaintiff's lawyers make a lucid -- and utterly humorless -- argument (PDF):

PLAINTIFF'S RESPONSE TO DEFENDANTS' MOTION TO CONTINUE
Comes now the plaintiff in the above-styled cause, and in response to the Motion
to Continue filed by the defendants, says as follows:

1. Twenty days prior to the last trial setting, the Defendants moved for a
continuance of this case, and again twenty days prior to this trial setting, Defendants
are moving for another continuance of this case.

2. The plaintiff has already secured vacation time from his job in order to
attend trial.

3. This case is a very serious case involving the death of the plaintiff's
mother. The case was filed in 2005, and is ready to be tried. All discovery and other
matters have been completed.

4. Simply stated, some things are more important than football. Plaintiffs'
counsel would respectfully argue that Mr. Traywick's right to his long-awaited day in
court fits squarely within that category.

WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests that
this Honorable Court deny the defendants' Motion to Continue and allow the case to be
tried at its current setting of January 4, 2010.

Respectfully submitted,
/s/ Rip Andrews

Moms in my high school used to die all the time, it was no big deal; but 'Bama hasn't won a national championship since Mike Tyson got punked by Desiree Washington. (You see what I did there? I was callous about dead mothers and rape victims in the same sentence. Too soon?)

The Birmingham News points out that at least the defendants were honest about the reason for their request:

Judge Scott Vowell, the presiding judge in Jefferson County and also an Auburn alumnus, said he'd never before seen a motion that requested a continuance because of a football game.
"There's been some motions for continuances and I've suspected what the real reason was," he said. "But this is the first one I've seen that was this honest and candid about the reason."

Maybe there is a lesson here for Yankees (Metses?) like me. Honesty appears to be the best policy.

Some Things Are More Important Than Football, But Not In Alabama [Deadspin]
Lawyer asks that trial be delayed because of big Alabama football game; judge OKs it [Birmingham News]

Earlier: Best. Motion to Continue. Ever.