eDiscovery's Balancing Act by Steven Bennett. Objective standards of practice in eDiscovery are often elusive and despite calls for reasonableness, proportionality and cooperation, parties and courts are faced with disputes during the discovery process. Bennett outlines the challenges of our current “good faith” approach to collaboration and the role for an updated FRCP in developing a greater sense of fairness amongst parties in eDiscovery.
Riley: A New Realm of Digital Privacy by Justin Murphy and Louisa Marion. This brief synopsis and accompanying link to an in-depth analysis of Riley v. California reflects a critical progression in Constitutional development regarding the intersection of privacy and technology. Although a bit far afield from the practicing eDiscovery professional, this jurisprudence reflects how technology is not only changing our lives but, how it is integrating into Federal perspectives on personal privacy and restriction of government intrusion.
Determining which Legal Services to Outsource by Nikhil Lala, Gail Blauer and Michael Caplan. This article and preceding articles in the series examine how corporate legal departments are (and potentially should be) expanding their internal service capabilities and creating efficiencies by utilizing outsourced solutions.