TechnoLawyer: LitigationWorld

Originally published in the May 4, 2012 issue of LitigationWorld: Welcome to your fourth Ediscovery 101 class. Today in LitigationWorld, ediscovery consultant Tom O'Connor explains why "electronic" discovery is not as electronic you may think. Specifically, you'll learn how disk drives store data, which is critical if you want to avoid charges of failure to preserve or spoliation. That's because disk drives sort of have a mind of their own as to the data they store — data your clients may not know about. Ignorance of how disk drives function is no excuse when confronted with a motion claiming you didn't produce a key document. Also, don't miss the LitigationWorld Pick of the Week for the top five settlement traps to avoid.

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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.

Originally published in the May 7, 2012 issue of LitigationWorld: A psychology professor at Northwestern University recently published a report debunking many of the claims of online dating sites, concluding that the only reliable means of assessing chemistry is a face-to-face meeting. Thanks to today's technological marvels, litigators tend to meet with clients and adversaries less frequently. In today's issue of LitigationWorld, Seattle litigator (and the founding columnist of this newsletter) Kim Gunning shares her insights on face-to-face meetings based on recent events in some of her cases. Because your clients are not always best served by shouting matches via email or telephone, Kim may have stumbled upon a simple yet profound litigation strategy. Also, don't miss the LitigationWorld Pick of the Week for six tips to ensure perfect trial presentations.

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.

Originally published in the April 23, 2012 issue of LitigationWorld: Every litigator has winced when reviewing deposition transcripts. Even experienced litigators make mistakes, especially when presented with a new twist like authenticating email for use as evidence in a summary judgment motion or trial. In this issue of LitigationWorld, lawyer and deposition expert Joshua Gilliland discusses a recent case in which the court refused to consider deposition testimony concerning a key email message. Josh then provides you with step-by-step instructions for defensibly authenticating email at depositions. Also, don't miss the LitigationWorld Pick of the Week for a review of the new AVerVision 355 AF Document Camera.

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.

Originally published in the April 9, 2012 issue of LitigationWorld: Use 'em or lose 'em. This maxim applies to many legal rights, including affirmative defenses in pleadings. In this issue of LitigationWorld, Seattle litigator and civil procedure expert Kim Gunning explains the differences among laches, waiver, and estoppel. You could read a long-winded academic article on this topic, or you can read (and save) Kim's practical advice for real litigators. Your choice. Also, don't miss the LitigationWorld Pick of the Week for a look at the forensic evidence Facebook attached to its motion to dismiss a lawsuit filed by a guy who claims he owns half of the company.

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.

Originally published in the April 5, 2012 issue of LitigationWorld: Talented writers possess many tricks of the trade, one of which consists of knowing how to transition to keep the story going and not break the flow. In this issue of LitigationWorld, lawyer and legal writing expert Ed Good continues his series on the Art of Legal Writing with an in-depth explanation of two important types of transitions. Specifically, you'll learn how to "relate" between old and new information on both a micro and macro level. These tools will increase both the clarity and persuasiveness of your briefs and memos. Also, don't miss the LitigationWorld Pick of the Week for a cautionary tale about a judge who sanctioned a party for mistakes made by its IT department during discovery.

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.

Originally published in the March 26, 2012 issue of LitigationWorld: If the Mesopotamians had their way, we'd have a $60 and $120 bill. Fortunately, the Greeks and Egyptians intervened to give us our Base 10 math system. However, computers use a different math system. In this issue of LitigationWorld ediscovery consultant Tom O'Connor continues with his third Ediscovery 101 installment, discussing how computers understand our input. These "bits" and "bytes" represent the building blocks of electronically stored information so it's essential to understand how they work when working with electronic evidence. Also, don't miss the LitigationWorld Pick of the Week for hot technology trends in litigation.

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.

Originally published in the March 23, 2012 issue of LitigationWorld: With the rise of ediscovery practice areas, an increasing number of litigators are handling more ediscovery tasks internally. But it's unlikely that many, if any, litigators will engage in computer forensics work given that it's not needed in every litigation. Also, even if you have the requite expertise, it's not a good idea for you to become a witness. In this issue of LitigationWorld, former litigator and current computer forensics expert Bruce Olson offers tips on how to work with the expert you hire to maximize their usefulness and minimize their cost. Also, don't miss the LitigationWorld Pick of the Week for a review of a new iPhone app that calculates court deadlines.

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.

Originally published in the March 14, 2012 issue of LitigationWorld: Need to depose the CEO who allegedly stole your client's trade secrets after starting his own company? You'll want to depose this key player face to face. But what about the security guard with records of the CEO using his old card key? Is this 30-minute deposition worth a cross-country flight? In today's issue of LitigationWorld, deposition and ediscovery expert Joshua Gilliland discusses remote depositions, including recent case law and new technologies. Can you be there without being there? What about the court reporter? Read Josh's article to find out. Also, don't miss the LitigationWorld Pick of the Week for advice on social media investigations, including "friending" potential witnesses.

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.

Originally published in the March 12, 2012 issue of LitigationWorld: Once again it's time for lawyer and legal writing expert Ed Good to help you take your legal writing to new heights. In today's issue of LitigationWorld, Ed explains the difference between demonstrative pronouns and adjectives, and how to use them in concert to better engage readers. He also demonstrates the power of renaming, and lays down four simple rules for shortening long party names and other phrases repeated throughout a document. Also, don't miss the LitigationWorld Pick of the Week for a look at what's happening in state courts on the electronic discovery front.

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.

Originally published in the February 27, 2012 issue of LitigationWorld: The best litigators have a knack for becoming overnight experts in a given industry. Only by understanding the facts can you apply the law after all. Ediscovery is no different. In today's second Ediscovery 101 "class," ediscovery consultant Tom O'Connor explains how computers work. Only by understanding all the moving (and non-moving) parts will you be ready for Tom's next installment when he explains how computers store the information that can make or break your next case. Also, don't miss the LitigationWorld Pick of the Week for a court that permitted service of process via Facebook (talk about being tagged).

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.