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Review of Cloud Preservation Plus Predicting Litigation Outcomes

By Kathryn Hughes | Friday, December 21, 2012

Originally published in the July 19, 2012 issue of LitigationWorld: The growth of social media has irreversibly changed document discovery. Just when you finally got a handle on email, you now need technology for collecting potential evidence from Facebook, LinkedIn, Tumblr, and Twitter — not to mention traditional web sites. Nextpoint's Cloud Preservation exists to help you with this task. We asked litigator, ediscovery consultant, and senior LitigationWorld product reviewer Bruce Olson to evaluate Cloud Preservation. Bruce discusses how it works, how well it works, how much it costs, and more in this comprehensive review. Also, don't miss the LitigationWorld Pick of the Week for an article about quantitative legal prediction (using data to predict litigation outcomes).

How to Receive LitigationWorld
All practice areas evolve, but none faster than litigation. Written by successful litigators and other litigation experts, LitigationWorld provides you with practical tips related to electronic discovery, depositions, litigation strategy, litigation technology, and trial presentations. LitigationWorld also features in-depth litigation product reviews with accompanying TechnoScore ratings, as well as links to the most noteworthy litigation articles in other publications so that you'll never miss anything. The LitigationWorld newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Litigation/Discovery/Trials | LitigationWorld | Online/Cloud | Presentations/Projectors

The Art of Legal Writing: Four Rhetorical Devices to Engage Your Readers Plus Sanction Versus TrialDirector

By Kathryn Hughes | Friday, December 21, 2012

Originally published in the July 16, 2012 issue of LitigationWorld: While you shouldn't write a legal brief in iambic pentameter, many litigators don't realize that many other stylistic tools can make their words more engaging and persuasive. In this issue of LitigationWorld, lawyer and legal writing expert Ed Good provides four rhetorical flourishes that can enhance your written work. As always, Ed provides examples for each of his tips, including one from Supreme Court legend Hugo Black. Also, don't miss the LitigationWorld Pick of the Week for a look at the renewed battle between Sanction and TrialDirector thanks to LexisNexis' recent acquisition of Sanction.

How to Receive LitigationWorld
All practice areas evolve, but none faster than litigation. Written by successful litigators and other litigation experts, LitigationWorld provides you with practical tips related to electronic discovery, depositions, litigation strategy, litigation technology, and trial presentations. LitigationWorld also features in-depth litigation product reviews with accompanying TechnoScore ratings, as well as links to the most noteworthy litigation articles in other publications so that you'll never miss anything. The LitigationWorld newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Litigation/Discovery/Trials | LitigationWorld

Rule 30(b)(6) Depositions: Strategies and Use Cases Plus Allman's Ediscovery Bible

By Kathryn Hughes | Thursday, December 20, 2012

Originally published in the July 2, 2012 issue of LitigationWorld: A Rule 30(b)(6) deposition can change the dynamics of a case, and even short circuit the need for expensive ediscovery. In this issue of LitigationWorld, Seattle litigator Kim Gunning explains the nuts and bolts of Rule 30(b)(6) depositions. She then provides strategic tips on how and when to use them, and points out a crucial safe harbora for these organizational depositions. Also, don't miss the LitigationWorld Pick of the Week for Thomas Allman's "Ediscovery Bible" (that's not the real name of this free 68-page PDF file but it should be as it discusses all federal and state ediscovery rules as of May 2012).

How to Receive LitigationWorld
All practice areas evolve, but none faster than litigation. Written by successful litigators and other litigation experts, LitigationWorld provides you with practical tips related to electronic discovery, depositions, litigation strategy, litigation technology, and trial presentations. LitigationWorld also features in-depth litigation product reviews with accompanying TechnoScore ratings, as well as links to the most noteworthy litigation articles in other publications so that you'll never miss anything. The LitigationWorld newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Litigation/Discovery/Trials | LitigationWorld

An Open Letter to Litigators About Ediscovery Ethics Plus Storytelling in Court

By Kathryn Hughes | Thursday, December 20, 2012

Originally published in the June 29, 2012 issue of LitigationWorld: Yelling is counterproductive. A subtle approach works better at persuading people. For this issue of LitigationWorld, lawyer and ediscovery expert Joshua Gilliland has penned a thoughtful open letter about the current state of ediscovery ethics — the gap between what the ethical and civil procedural rules require and what's actually happening in most cases. However, rather than berate litigators, Josh demonstrates some relatively simple steps you can take starting today to ensure compliance. As an added bonus, you'll gain a strategic advantage in your cases. We suggest you take Josh's advice. Also, don't miss the LitigationWorld Pick of the Week for tips on how to tell an electrifying story in court (Mad Men, not C-Span).

How to Receive LitigationWorld
All practice areas evolve, but none faster than litigation. Written by successful litigators and other litigation experts, LitigationWorld provides you with practical tips related to electronic discovery, depositions, litigation strategy, litigation technology, and trial presentations. LitigationWorld also features in-depth litigation product reviews with accompanying TechnoScore ratings, as well as links to the most noteworthy litigation articles in other publications so that you'll never miss anything. The LitigationWorld newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Litigation/Discovery/Trials | LitigationWorld

Chapter 4 From "Electronic Discovery for Small Cases": A Cooperative Approach to Managing Ediscovery in Smaller Case Plus Grim Litigation Forecast

By Kathryn Hughes | Thursday, December 20, 2012

Originally published in the June 21, 2012 issue of LitigationWorld: Don't look now but two of our LitigationWorld columnists — Bruce Olson and Tom O'Connor — just published the most anticipated litigation technology book of 2012: Electronic Discovery for Small Cases: Managing Digital Evidence and ESI. We received permission from our friends at the ABA to publish any chapter from the book in this issue of LitigationWorld. We chose Chapter 4, which discusses helpful strategies at the outset of a case designed to minimize costs and headaches. We hope you enjoy this exclusive excerpt, and encourage you to purchase the book. Also, don't miss the LitigationWorld Pick of the Week for a grim analysis of the market forces that may make litigation an economically undesirable practice area (hey, we're just the messenger).

How to Receive LitigationWorld
All practice areas evolve, but none faster than litigation. Written by successful litigators and other litigation experts, LitigationWorld provides you with practical tips related to electronic discovery, depositions, litigation strategy, litigation technology, and trial presentations. LitigationWorld also features in-depth litigation product reviews with accompanying TechnoScore ratings, as well as links to the most noteworthy litigation articles in other publications so that you'll never miss anything. The LitigationWorld newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Litigation/Discovery/Trials | LitigationWorld

The Art of Legal Writing: How to Use Lists and Headings to Write More Clearly and Persuasively Plus Outlook Ediscovery Tip

By Kathryn Hughes | Thursday, December 20, 2012

Originally published in the June 18, 2012 issue of LitigationWorld: Here at TechnoLawyer we constantly think about information architecture. This important discipline is not confined to commercial publishing. It also plays an important role in legal writing. In this issue of LitigationWorld, lawyer and legal writing expert Ed Good explains how to use two powerful information architecture tools in your briefs, memos, and letters — lists (enumerations) and headings. You'll learn about the three types of lists, when and how to use them, and the most common mistakes — plus many examples. Similarly, you'll learn how to use and not use headings. Also, don't miss the LitigationWorld Pick of the Week for tips on how to find deleted email in Microsoft Outlook since that's often where you'll find the email messages that make or break a case.

How to Receive LitigationWorld
All practice areas evolve, but none faster than litigation. Written by successful litigators and other litigation experts, LitigationWorld provides you with practical tips related to electronic discovery, depositions, litigation strategy, litigation technology, and trial presentations. LitigationWorld also features in-depth litigation product reviews with accompanying TechnoScore ratings, as well as links to the most noteworthy litigation articles in other publications so that you'll never miss anything. The LitigationWorld newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Litigation/Discovery/Trials | LitigationWorld

Potential Pitfalls of Using Your Client's Employees as Consulting Experts Plus an Ediscovery Checklist

By Kathryn Hughes | Thursday, December 20, 2012

Originally published in the June 15, 2012 issue of LitigationWorld: As you know, two types of experts exist — testifying experts and consulting experts. It often seems to make sense for an employee of your client to serve as a consulting expert because of their knowledge and because you don't have to pay them. But there's a potential pitfall — using an employee of a party may subject their opinions to disclosure, thereby eliminating a key benefit of consulting experts. In this issue of LitigationWorld, Seattle litigator and civil procedure expert Kim Gunning analyzes this issue. You'll learn about the current split in the courts, and a federal district court opinion issued last month that may pave the way for a resolution by the SCOTUS. Also, don't miss the LitigationWorld Pick of the Week for a handy checklist to document the ediscovery process so that you can prove reasonableness if challenged.

How to Receive LitigationWorld
All practice areas evolve, but none faster than litigation. Written by successful litigators and other litigation experts, LitigationWorld provides you with practical tips related to electronic discovery, depositions, litigation strategy, litigation technology, and trial presentations. LitigationWorld also features in-depth litigation product reviews with accompanying TechnoScore ratings, as well as links to the most noteworthy litigation articles in other publications so that you'll never miss anything. The LitigationWorld newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Litigation/Discovery/Trials | LitigationWorld

Ediscovery 101 Class 5: The "Discovery" in Ediscovery Plus a Social Media Clause for Your Engagement Agreement

By Kathryn Hughes | Wednesday, December 19, 2012

Originally published in the June 4, 2012 issue of LitigationWorld: Welcome to your fifth Ediscovery 101 class. In this issue of LitigationWorld, ediscovery consultant and professor extraordinaire Tom O'Connor starts tying together the technical lessons of the previous three classes. By the end of this article, you'll have an Aha Moment as Tom discusses the various state and federal rules governing electronically stored information (including their history and how to stay up-to-date), and then explains how these rules apply to the inner workings of computers and the problems that result when litigators don't understand these inner workings. Also, don't miss the LitigationWorld Pick of the Week for a proposed clause for your engagement agreement regarding your clients' use of social media.

How to Receive LitigationWorld
All practice areas evolve, but none faster than litigation. Written by successful litigators and other litigation experts, LitigationWorld provides you with practical tips related to electronic discovery, depositions, litigation strategy, litigation technology, and trial presentations. LitigationWorld also features in-depth litigation product reviews with accompanying TechnoScore ratings, as well as links to the most noteworthy litigation articles in other publications so that you'll never miss anything. The LitigationWorld newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Litigation/Discovery/Trials | LitigationWorld

The Art of Legal Writing: How to Reveal the Structure of Your Brief or Memo in Your Introduction Plus Ediscovery Bill of Rights

By Kathryn Hughes | Wednesday, December 19, 2012

Originally published in the May 21, 2012 issue of LitigationWorld: "It was the best of times, it was the worst of times." We all recognize that famous introduction. Can you write similarly effective introductions for your briefs and memos? Yes if you follow the advice of lawyer and http://www.grammar.com legal writing expert Ed Good. In today's issue of LitigationWorld, Ed continues his series on the Art of Legal Writing by discussing the importance of "Revealing" the structure of your briefs and memos, especially in the introduction. You'll learn about the difference between explicit and implicit introductions with examples of both. As usual, you'll want every litigator at your firm to read and heed Ed's advice. Also, don't miss the LitigationWorld Pick of the Week for ediscovery founding father Craig Ball's proposed Ediscovery Bill of Rights (these ain't your father's stipulations).

How to Receive LitigationWorld
All practice areas evolve, but none faster than litigation. Written by successful litigators and other litigation experts, LitigationWorld provides you with practical tips related to electronic discovery, depositions, litigation strategy, litigation technology, and trial presentations. LitigationWorld also features in-depth litigation product reviews with accompanying TechnoScore ratings, as well as links to the most noteworthy litigation articles in other publications so that you'll never miss anything. The LitigationWorld newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Litigation/Discovery/Trials | LitigationWorld

The Best iPad Trial Presentation App Plus Social Media in Litigation

By Kathryn Hughes | Wednesday, December 19, 2012

Originally published in the May 18, 2012 issue of LitigationWorld: If you show up for trial with an iPad, you'll make a good first impression, but winning your case will require a top-notch trial presentation app. litigation support consultant Brett Burney usually compares three iPad apps every month in our SmallLaw newsletter, but today he makes an appearance in LitigationWorld for a comparative review of Exhibit A, ExhibitView iPad, and TrialPad. Which app will best enable you to dazzle the jury and/or the judge with callouts and other trial presentation necessities? Brett makes a persuasive case as usual, and issues his signature iVerdict. Also, don't miss the LitigationWorld Pick of the Week for some good advice to pass along to your clients about the interplay of litigation and social media.

How to Receive LitigationWorld
All practice areas evolve, but none faster than litigation. Written by successful litigators and other litigation experts, LitigationWorld provides you with practical tips related to electronic discovery, depositions, litigation strategy, litigation technology, and trial presentations. LitigationWorld also features in-depth litigation product reviews with accompanying TechnoScore ratings, as well as links to the most noteworthy litigation articles in other publications so that you'll never miss anything. The LitigationWorld newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Laptops/Smartphones/Tablets | Litigation/Discovery/Trials | LitigationWorld | Presentations/Projectors
 
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