The Relativity Blog

Your single source for new lessons on e-discovery and the technology that powers it.

David Horrigan

David Horrigan is kCura’s e-discovery counsel and legal content director. An attorney, law school guest lecturer, e-discovery industry analyst, and award-winning journalist, David has served as counsel at the Entertainment Software Association, reporter and assistant editor at The National Law Journal, and analyst and counsel at 451 Research. He serves on the Editorial Advisory Board of Legaltech News and the Data Law Board of Advisors at the Yeshiva University Cardozo Law School. David holds a Juris Doctor from the University of Florida, and he studied international law at Universiteit Leiden in the Netherlands. He is licensed to practice law in the District of Columbia.

Recent Posts

Your Friday Diversion: The Law of March Madness

2017-03-28+0000| | Legal Update, Community

blog_friday-diversion-march-madness.pngMarch Madness has become an American tradition. Approximately 350 million people discuss it on social media during the month of March, and it generated a broadcasting rights deal of an estimated $8.8 billion in 2016.

But what exactly is March Madness?

If you said it’s the National Collegiate Athletic Association (NCAA) Men’s Division I Basketball Championship, most people would agree with you.

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e-Discovery Spoliation in Unusual Places: Preserve Your Pickup Truck

2017-03-28+0000| | Legal Update, Law Firm

blog_ediscovery-spoilation-in-unusual-places.pngIn the digital data world of 2017, the Internet of Things is nothing new. Whether it’s alleged Alexa commands from an Amazon Echo or German regulators banning the doll “My Friend Cayla” over concerns nefarious characters could endanger children with the data the alleged toy spy collects, the Internet of Things has become a legal issue.

The legal issue is usually data privacy and protection—but not always.

When Below v. Yokohama Tires Corp., goes to trial Monday, March 6, it should serve as a cautionary tale for e-discovery counsel and legal technology teams. When we think of collecting electronically stored information (ESI), email, texts, social media, or data centers often come to mind.

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At the Border and Beyond: e-Discovery Aspects of Criminal Matters and Investigations

2017-03-28+0000| | Legal Update, In-house Counsel, Law Firm

blog_at-the-border-and-beyond-ediscovery-aspects-of-criminal-matters.pngAs we discussed at Legalweek’s Legaltech 2017, e-discovery has been a crucial part of complex commercial litigation, but it hasn’t been a traditional priority in criminal matters.

Times are changing.

With the proliferation of digital data, e-discovery is not only becoming more of an issue in criminal matters—it’s sometimes becoming just as important as it is in civil litigation.

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The Best of Legaltech 2017: Our Favorite Quotes from the Speakers

2017-03-28+0000| | Community

blog_LTNY-quotes-1.pngLegaltech and Legalweek 2017 are in the books. As it has been for years, the conference was one of the largest in legal technology, with approximately 10,000 attendees.

As always, we covered many of the sessions, and you can find archives of our live tweet coverage here.

To give you an even quicker read and a feel for the law, technology, and humor that is Legaltech, we continue our tradition of bringing you The Best of Legaltech: Our Favorite Quotes from the Speakers.

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e-Discovery in 2017: Back to the Future?

2017-03-28+0000| | In-house Counsel, Community, Law Firm, Litigation Support

blog_is-ediscovery-going-back-to-the-future-in-2017.pngEditor's note: this article originally appeared in Legaltech News.

One could argue that 2016 was the year e-discovery started “trending,” with a certain presidential candidate’s emails dominating the news cycle for much of the second half of the year. But the limelight wasn’t the only notable thing about e-discovery this year—new technologies, several high-profile cases, and notable mergers and acquisitions have left many of us wondering what’s next.

As we embark on new adventures in 2017, we talked with members of the profession and the industry about what they think is on the horizon and gathered seven predictions—five things we’ll expect to see in 2017, and two things we won’t.

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Murder, Data Privacy, and the Internet of Things

2017-03-28+0000| | Legal Update, Law Firm, Cybersecurity & Data Privacy

blog_amazon-echo-case.pngWhen James Bates, Owen McDonald, and Victor Collins began an evening of football, drinking, and hot tubbing on November 21, 2015, they probably had no idea they were on the verge of making new law in the expanding specialty of data discovery.

However, by the following morning, Collins was dead and Bates was in the crosshairs of a police investigation. The Bates home being somewhat typical in the era of the Internet of Things, it included a device known as an electronic home assistant. Thus, a fundamental legal question soon arose: is it lawful for police to seize and examine data from an Amazon Echo?

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e-Discovery Fishing Expeditions and the Mick Jagger Discovery Doctrine

2017-03-28+0000| | Legal Update, Law Firm

111716-mick-jagger-discovery-doctrine.pngDefinition of Discovery:

The pre-trial devices that can be used by one party to obtain facts and information about the case from another party in order to assist the party’s preparation for trial.

See also: Deposition; Fishing trip or expedition

—Black’s Law Dictionary (6th Ed.)

Although the editors of Black’s Law Dictionary have been more diplomatic in subsequent versions by deleting the reference to discovery being a fishing expedition, lawyers and their responding party clients have complained for years that many e-discovery requests amount to just that.

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Election Day and the ‘Impossible’ Feats of e-Discovery

2017-03-28+0000| | Legal Update, Community

110816-electoral-spoliation.pngWrestleMania 2016—you may know it as the 2016 United States presidential race—is coming to a close, and there have been dire predictions about the end of the nation, democracy, and society. These predictions are based, at least in part, on so-called “unprecedented” technology threats and legal threats.

As if this weren’t enough to bring the legal technology community to the ring, questions over the dissemination of government email have made e-discovery itself part of the presidential race. These questions have culminated in disbelief and doubt over what’s really possible in email and document review.

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The Best of Relativity Fest: Our Favorite Quotes from the Speakers

2017-03-28+0000| | Community, Law Firm, Litigation Support

101216-Heard-From-the-Show-teal.pngRelativity Fest 2016 drew to a close yesterday, and it was packed with memorable moments. To highlight them, we continue the tradition we started with Legaltech New York and ILTACON and bring you some of our favorite quotes.

With more than 1,800 attendees attending hundreds of educational sessions, it’s difficult to include every great quote from the annual conference.

However, here are a few of the notable ones.

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Where to Find the Federal Judges at Relativity Fest

2017-03-28+0000| | Community

090816-Ask-a-Federal-Judge-3.pngThe Annual Judicial Panel has become a tradition at Relativity Fest, but it’s not the only session in which you can hear prominent federal judges discuss the law and technology issues of the day.

The judges will appear in four different sessions during this year’s gathering in Chicago October 9-11, and we’d like to give you a roadmap to where they’ll be speaking.

Returning for the third consecutive year are U.S. District Judge Nora Barry Fischer (W.D. Pa.), U.S. Magistrate Judge Andrew Peck (S.D.N.Y.), U.S. District Judge Xavier Rodriguez (W.D. Tex.), and U.S. Magistrate Judge David Waxse (D. Kan.), and you can find them in the following sessions at Relativity Fest.

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The Relativity Blog provides engaging e-discovery and legal technology lessons to a diverse audience of practitioners. Written by the team behind Relativity and the community that drives this industry, the blog is your go-to source for tangible takeaways, thought-provoking discussion, and expert insights into stories and technologies that can help you improve your day-to-day work.

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