eDSG Poll: 91% Have Witnessed Unprofessional or Unethical Behavior in eDiscovery

August 19, 2012 // 0 Comments

In eDiscovery Solutions Group’s most recent survey of the eDiscovery market it found that 91% of those surveyed have witnessed unethical or unprofessional behavior in eDiscovery. Surprisingly, only 9% indicated that they had not witnessed this kind of behavior.     The survey revealed that 36% had seen improper behavior from service providers […]

The Legal Profession Found the Twenty-First Century: Ignorance is bliss no longer

August 12, 2012 // 0 Comments

As a profession, lawyers and bar associations are notoriously slow to change.  Last week, the American Bar Association considered and adopted updates to the Model Rules of Professional Conduct that govern lawyers.    The legal profession has found its way into the Twenty-First Century and clients will benefit. The American Bar […]

Professionalism and eDiscovery: Going beyond ethical considerations

July 31, 2012 // 0 Comments

During the last few years, there has been much discussion, and even some interesting debates, about ethical eDiscovery issues.  Much focus has been on the topics of duties to preserve records, duties to disclose records, and the state Rules of Professional Conduct.  But, I believe it is not sufficient to consider only […]

New York Appellate Court: Disintegration of Business Relationship Requires Preservation of ESI

March 8, 2012 // 0 Comments

Recently in VOOM v. EchoStar, 2012 NY Slip Op. 00658 (Jan. 31, 2012) the Supreme Court, Appellate Division of New York entered upheld a lower court’s decision imposing sanctions against EchoStar for spoliation of ESI. The most striking portion of this decision is the requirement that when a business relationship […]