The Relativity Blog


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

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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

Pop Star e-Discovery: Taylor Swift Gets a Lesson in the New Rule 37(e)

2017-07-21+0000| | Legal Update, Law Firm

Pop Star e-Discovery: Taylor Swift Gets a Lesson in the New Rule 37(e)

If you ever think e-discovery law is the somewhat dry domain of software, servers, and many, many motions, yesterday’s Colorado federal court decision in Mueller v. Swift will remind you that e-discovery is so much more.

Yes, when you have the pop star Taylor Swift, an erstwhile Denver DJ, accusations of sexual misconduct, a clandestine audio recording, a mysterious malfunctioning external hard drive, and—of course—coffee spilled on an Apple laptop, it goes to show that e-discovery is everywhere.

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Apple's Patent Fight with the University of Wisconsin Has an e-Discovery Angle, Too

2017-07-21+0000| | Legal Update, In-house Counsel, Law Firm

Apple's Patent Fight with the University of Wisconsin Has an e-Discovery Angle, TooWhen Gurindar Sohi was a student in Rajasthan, India, he probably didn’t think he would play a role in the evolving jurisprudence on e-discovery costs.

He has.

A year and a half after Sohi’s eventual employer won a $234 million verdict over Apple Computer in a dispute over one of his patents, Sohi’s patent has now resulted in another federal district court analyzing just what e-discovery costs are recoverable when you win your case.

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Enfuse 2017: Handling Data Breaches and EnCase Joins the Relativity Community

2017-07-21+0000| | Collection, Community, Cybersecurity & Data Privacy

Enfuse 2017: Handling Data Breaches and EnCase Joins the Relativity CommunityThe Enfuse Conference, Guidance Software’s annual digital investigations event held last week in Las Vegas, featured the usual mix of legal, law enforcement, and computer forensics professionals.

However, the conference, known formerly as the Computer and Enterprise Investigations Conference, had a slightly different look this year. For instance, the hashtag #eDiscovery was the number one hashtag used on social media throughout the conference. (#DigitalForensics was second most popular, and #DataBreach was fourth.)

Why the importance of #eDiscovery?

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

2017-07-21+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.

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New Data: Employee Data Habits May Increase Corporate Legal Risk

2017-07-21+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.

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

2017-07-21+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.

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

2017-07-21+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.”

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Your Friday Diversion: The Law of March Madness

2017-07-21+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

2017-07-21+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

2017-07-21+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 »
 

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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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