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
I attended LegalTech 2015 this year in New York. It was a great seminar and another well done project by ALM.
One wrinkle, though....more
Two disturbing cases for different, but similar reasons.
When did parties jump from collection and culling of documents to simply turning over all possible evidence blindly and relying on a claw back agreement to...more
In any document search allowing defendants’ custodians to conduct their own searches is much like allowing the fox to guard the henhouse. Even focused and disciplined custodial collections can be fraught with problems....more
The short answer is, it depends. Like it or not, we live in an age of “1’s and 0’s” and this digitization has made the creation of documents easier and the storage of those same documents easier and cheaper. I remember during...more