The 2015 Amendments to the Federal Rules of Civil Procedure fundamentally altered spoliation of evidence cases with requiring wronged parties to prove ESI was lost with an “intent to deprive.” If a party can prove there was “intent” with the destruction of ESI, then a court may “presume that the lost information is unfavorable to […]

Category Seminars

I hate mistakes. They seem to occur in all facets of our personal and professional lives. Mistakes jump out at us when people have trouble making change, drive carelessly through town, or send us error-laden text messages. Mistakes occur in every industry—even eDiscovery. And, the consequence for some mistakes in eDiscovery can go well beyond […]

For years, we’ve talked with our Colorado-based colleague, Kelly Twigger, about the changes facing the eDiscovery practitioner. Our chats have always gone beyond itemizing changes into their impact on the practice of law and eDiscovery. You hear me speak regularly about these topics, but I’d like you to listen at the keyhole to hear what […]

Category Cloud,Seminars

Last time, we introduced you to the idea of Bring Your Own Cloud—employees using cloud applications for corporate data. That post emphasized the emerging case law on BYOC issues. This time, we’ll look more closely at the consequences for organizations that allow use of personal cloud technology, and for the companies

Category Seminars

It seems that most legal publications these days offer news of current cyberattacks or concerns about future assaults.  Few offer concrete guidance for the legal professional, particularly those working on matters with eDiscovery requirements.  Our May 25th Shepherd Speaks in Minneapolis will provide a practical overview of cybersecurity risks, obligations, and incident response in eDiscovery. […]

Category Seminars

Stephen Colbert famously said,”In the Wikipedia age, everybody can be an expert in five minutes.” He has a point, but we think the famed physicist, Niels Bohr, comes somewhat closer to the reality for an eDiscovery expert designation, “An expert…has made all the mistakes which can be made in a narrow field.“  But, to get […]

Category Seminars

LegalTech New York has always been considered one of the more important national events for learning about new developments in the eDiscovery world. It has always showcased new trends and emerging technologies. Despite that tradition, Barry Dop, Director of Client Development at Shepherd Data Services reported that this year’s LegalTech New York was a comparatively “quiet”, […]

Category Seminars,Software

Some people compare project management in a law firm or legal department to herding cats. Others tell you that it is nowhere near that simple. Think about all the tasks associated with a given case, all the people involved, and all possible events and permutations that can lead to error, missed tasks, or deadlines. Now multiply that by […]