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Data Triage Blog

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Separating E-Discovery Myths from Realities

  By Conrad J. Jacoby, Esq. As the legal community continues to puzzle through the impact that digital information is having on the practice of law, many practitioners are guided by long-standing misconceptions and misunderstandings about electronic discovery. Whatever seed of truth exists in these platitudes, taking them at face value can lead to poor [...]

Rising Costs of E-Discovery Requirements Impacting Litigants

The first electronic database I supervised in litigation ended up costing a dollar a page. And that was before a single lawyer had looked at any of it. Making TIFF images, using Optical Character Recognition software to create searchable text, entering basic descriptive coding for each document and exporting all this data into a usable [...]

Is Digital Different? Electronic Disclosure and Discovery in Civil Litigation

By Kenneth J. Withers I. Introduction A new phenomenon has surfaced in civil litigation in the United States, or rather in the media coverage of significant cases. In the Microsoft antitrust litigation, the investigation of President Clinton by Judge Starr, Raytheon Corporation’s suit against its own employees for libel, countless employment-related actions, and even routine [...]

Zubulake v. UBS Warburg, ZUBULAKE 2

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK LAURA ZUBULAKE, :: Plaintiff, -against- UBS WARBURG LLC, UBS WARBURG, and : UBS AG, : Defendants. OPINION AND ORDER : 02 Civ. 1243 (SAS) SHIRA A. SCHEINDLIN, U.S.D.J.: On May 13, 2003, I ordered defendants UBS Warburg LLC, UBS Warburg, and UBS AG (collectively “UBS”) to [...]

Zubulake v. UBS Warburg, ZUBULAKE 5

Commenting on the importance of speaking clearly and listening closely, Phillip Roth memorably quipped, “The English language is a form of communication! . . . Words aren’t only bombs and bullets — no, they’re little gifts, containing meanings!”1 What is true in love is equally true at law: Lawyers and their clients need to communicate [...]