Carla Walworth, Mor Wetzler and Jessica Oliva of Paul Hastings write that employees' use of personal mobile devices is a genie that is not going back in the bottle. But this trend means that the days when all business content passes through company servers are long gone. With all the benefits come risks that companies must understand and properly balance.
Kramer Levin Naftalis & Frankel's Norman C. Simon, Brendan M. Schulman and Samantha V. Ettari write that although e-discovery decisions in the New York State Surrogate's Courts remain rare, the courts' established willingness to require cloning of nonparty attorney hard drives, and the growing body of Appellate Division jurisprudence on e-discovery topics, suggests that future guidance from the New York State Surrogate's Courts may be on the horizon.
Thompson Hine partners Barry Kazan and David Wilson write: Courts have recently entered the fray on predictive coding in cases where an agreement on shortcuts to extensive human review of keyword search results is not reached. In the last year, at least five courts have addressed the use of technology-assisted review as a means of identifying responsive documents requested in discovery. In large matters, parties who are faced with significant costs for document review would do well to review these decisions.
Michael B. de Leeuw and Eric A. Hirsch of Fried, Frank, Harris, Shriver & Jacobson review proposed amendments to the rules governing preliminary conferences in non-Commercial Division cases that require discussion of e-discovery issues on cases "reasonably likely" to involve e-discovery, along with providing guidance as to which cases those might be and what topics should be discussed.