The Relativity Blog


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

therelativityblog.com

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

e-Discovery Sanctions Update: The Lawyer’s Computer, the Iron Rooster, and Rule 37(e)

2017-05-26+0000| | Legal Update, In-house Counsel, Law Firm

051517-new-case-law-3.pngTwo technological events bring fear and loathing to many of us: trying to trade in a defective mobile phone, and walking up to our personal computer and finding it’s fried—in the words of Dickens, dead as a doornail.

In a significant week for e-discovery case law, we’ve had two decisions over the past few days where these hassles have landed litigants—including an attorney—in the hot water of e-discovery sanctions proceedings.

Read More »

New Data: Employee Data Habits May Increase Corporate Legal Risk

2017-05-26+0000| | In-house Counsel, Cybersecurity & Data Privacy

051017-employee-big-data-habits-and-employer-risk.pngThis article originally appeared on Law360.

In our daily work lives, we see a fair amount of anecdotal evidence indicating many of us engage in workplace behaviors that put our personal privacy and company data at risk.

But, how serious is the problem?

To find out, kCura recently commissioned a Harris Poll survey conducted between December 28, 2016, and January 18, 2017, included 1,013 U.S. adults age 18 and over who were employed full-time or part-time, working in a traditional office setting for at least 50 percent of the time (referred to as “employees” throughout) to get a better idea of just what employee behaviors may be putting corporate enterprises—and themselves—at risk.

Read More »

The Best of Relativity Fest London: Our Favorite Quotes about e-Disclosure, Brexit, and More

2017-05-26+0000| | International, Community

050817-Fest-London-Quote-Roll-up.pngWith our London event growing to become the largest e-disclosure conference in the UK, as well as undergoing a transformation into Relativity Fest London this year, we thought it was time to roll it into our bigger e-discovery conference tradition: sharing our favorite quotes from the speakers (and live-tweeters) after the event.

Read through the notable highlights below, and let us know what stood out to you in the comments or @RelativityFest on Twitter.

Read More »

Discovery Sanctions: US Supreme Court Limits ‘South Park’ Doctrine in Tire Fiasco

2017-05-26+0000| | Legal Update, In-house Counsel, Law Firm

042117-Goodyear-New-Case-Law.pngDuring the debates over the 2015 e-discovery amendments to the Federal Rules of Civil Procedure, one of the biggest points of contention was the change in the sanctions provisions of Fed. R. Civ. P. 37(e).

However, as we’ve discussed before, judges have methods other than Rule 37(e) to sanction bad behavior in discovery. In addition to tools such as Rule 37(b)(2), federal judges can sanction parties under their so-called “inherent authority.”

Read More »

Your Friday Diversion: The Law of March Madness

2017-05-26+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.

Read More »

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

2017-05-26+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.

Read More »

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

2017-05-26+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.

Read More »

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

2017-05-26+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.

Read More »

e-Discovery in 2017: Back to the Future?

2017-05-26+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.

Read More »

Murder, Data Privacy, and the Internet of Things

2017-05-26+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?

Read More »
 

Get the Relativity Blog

Get The Relativity Blog

About the Blog

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.

Share Your Expertise

Want to be an author on The Relativity Blog? We’re always happy to feature readers.

Learn More