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Three Card Monte and E-Discovery: Ask the custodians

“But, your honor, we conducted a search and collection from all sources we deemed appropriate and where we believed responsive and relevant information was located…I mean, honest judge.”...more

E-Discovery Production — Snow storms are avoidable

Who is to blame for a “document dump” – a “snow storm” – an obfuscation of information? Sometimes its intentional and sometimes it is not. Everyone – both plaintiff and defendant; both teams of lawyers. Requesters are...more

Testing for Junk Science in the Discovery Process

What is the “Daubert” standard supposed to test? Daubert v Merrill Dow Pharmaceuticals, 509 US 579 (1993). Daubert and the Federal Rule of Evidence 702 are intended to allow the court to act as a gatekeeper in keeping...more

Direct & Circumstantial Evidence – It snowed last night?

If you went to bed without snow on the ground; slept soundly all night and awoke to a snow covered ground all around you, what could you reasonable say? It snowed. You did not have to actually see the activity of snow...more

12/11/2014  /  Circumstantial Evidence , Evidence
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