The countdown to January 1st has begun and so have the year-end reviews. We want to kick off the new year with you by sharing our 13 most popular blog posts from 2013 covering everything from the FRCP to trademark infringement to e-discovery to data spoliation.

13. Kia Counsel Applies “Learn, Test, Repeat” Process to Technology
Account Executive Cara Powers attended LegalTech West Coast and reports back on Kia GC Casey Flaherty’s keynote speech. Flaherty discussed how he developed an audit program that measures outside counsel’s technological proficiency.

12. International Standards for E-Discovery? Not so fast…
The International Organization for Standardization (ISO) formed a committee this year within their cyber security unit to develop standards for the e-discovery process.

11. Attorney-Client Emails Don’t Always Have Their Privileges
In re Information Management Services case, William and Andrew Lake most likely assumed that attorney-client privilege would protect any confidential information. But you know what they say about assumptions…

10. Taking a Byte out of Bitcoin
Despite its digital nature, hard drives containing Bitcoins can still be seized by law enforcement or handed over in summary judgment, much like any other currency.

8. Kaleida’s Scope: Consultant Double-Dipping for TAR is a No-No
There is no current standard on whether or not opposing parties can use the same technology-assisted review (TAR) vendor. The Defendants in Gordon v Kaleida were able to have the Plaintiff’s motion to compel dismissed for a meet-and-confer on TAR that would use the same consultant.

7. Taxation of ESI Costs in The Country Vintner v. Gallo Winery
In an April 29 decision in The Country Vintner of North Carolina v. E & J Gallo Winery Inc. the 4th Circuit clarified what e-discovery costs are taxable under Title 28 of the U.S. Code Section 1920(4).

6. Under Armour: “I Will” sue Nike for Trademark Infringement
Sporting goods underdog Under Armour sues Nike for trademark infringement of one of the most common phrases in the English language.

5. Keyword Conundrums Crop Up in ConAgra Case
Defendant ConAgra objected to a Special Master’s keyword terms to create a privilege log. Read about the effectiveness of keywords, the use of statistical sampling, and how technology-assisted review may have helped.

4. Scanner? Or Scammer? Patents Trolls Strike Again.
Non-Practicing Entities (also known as Patent Trolls) have begun to target everyday technology users instead of the company who made the offending product.

3. In A Content-Thirsty Era, NYT Scores One For the Home Team
Non-Practicing Entity HPL filed a copyright infringement suit against The New York Times &ndsah; here’s how the content provider fought back.

2. Proposed FRCP Changes Drastically Alter the Way E-Discovery Would Be Conducted
Read about the debate surrounding FRCP changes and what this means for e-discovery.

1. Failure to Preserve on Aisle 6

When secretly recorded interviews become the basis for terminating an employee and then become terminated themselves, the case was made for a sound legal holds system in Hart v. Dillon Companies, Inc.

Have a Happy New Year!

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