- 11Dec2013
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Equivalents and Estoppel: Patent Interpretations & Scope
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The “doctrine of equivalents” and “prosecution history estoppel” are two interrelated equitable doctrines courts can apply in determining the reach of patents. The doctrine of equivalents gives some leeway in interpreting the extent of a patent rather than limiting it to the exact literal meaning of the words used to describe the invention.
- 11Dec2013
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Electronic Discovery (Part I)
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Once a quarter the Atkinson-Baker Newsletter, Discovery Update,TM features those topics that shape the law itself and its practice. We address a broad variety of topics such as: copyright laws, unpublished opinions, discovery rules, employment law, evidence, expert witnesses, deposition practices, handling of exhibits and many, many more.
- 11Dec2013
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Electronic Discovery (Part II)
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Once a quarter the Atkinson-Baker Newsletter, Discovery Update,TM features those topics that shape the law itself and its practice. We address a broad variety of topics such as: copyright laws, unpublished opinions, discovery rules, employment law, evidence, expert witnesses, deposition practices, handling of exhibits and many, many more.
- 11Dec2013
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Discovery Problems and Their Solutions
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DISCOVERY SOLUTIONS A common complaint is that attending law school may give one a solid grounding in the principles of the law, but not in the practice of the law. This is learned after passing the bar exam. To help new litigators bridge the gap between theory and practice, three experienced litigators wrote a book Discovery Problems and Their Solutions which was published earlier this year by ABA Publishing.
- 11Dec2013
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Use of Automotive Black Box Data
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Last June, the National Highway Traffic Safety Administration (NHTSA) submitted for comment proposed rules regarding use of EDRs: “We are not presently proposing to require the installation of EDRs in any motor vehicles. We are proposing to (1) require that the EDRs voluntarily installed in light vehicles record a minimum set of specified data elements useful for crash investigations,
- 01Nov2013
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Excuse Me, PDFs Instead of Native Files?
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- 01Nov2013
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E-Discovery and the Zamundan Royal Backside Wipers
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- 01Oct2013
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“The Hacker Way” – What the E-Discovery Industry Can Learn From Facebook’s Management Ethic
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- 01Oct2013
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How to Cut E-Discovery Costs
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- 01Aug2013
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Streetlight Effect in E-Discovery
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- 01Jul2013
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Plain Spoken Form of Production
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- 01Jul2013
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Deploying Trainers in Technology-Assisted Reviews (TAR) without Spoiling the Broth
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- 01Jun2013
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Train, Don’t Cull, Using Keywords
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- 01May2013
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Imagining the Evidence
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- 10Apr2013
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Taming Document Overload
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Once a quarter the Atkinson-Baker Newsletter, Discovery Update,TM features those topics that shape the law itself and its practice. We address a broad variety of topics such as: copyright laws, unpublished opinions, discovery rules, employment law, evidence, expert witnesses, deposition practices, handling of exhibits and many, many more.
- 01Apr2013
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A Quick and Dirty Guide to Ediscovery Project Management (Part 1)
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- 01Apr2013
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A Quick and Dirty Guide to Ediscovery Project Management (Part 2)
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- 01Apr2013
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Drowning in International Waters?
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- 01Apr2013
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Predictive Coding 101 and the Litigator’s Tool Belt
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- 01Mar2013
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Would Rule Changes Alleviate eDiscovery Burdens?
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- 01Feb2013
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Blind as a Cat: Lawyers vs. Native Production
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- 01Feb2013
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Cell Phones are Not Facilities Under the Stored Communications Act
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- 01Nov2012
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Does Your CAR (“Computer Assisted Review”) Have a Full Tank of Gas?
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- 01Nov2012
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Adapt to Legal Technology Trends or Die
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- 11Sep2012
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A New Trial Reopens Discovery
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According to California Code of Civil Procedure Section 2024 (a) the discovery cutoff date is 15 days “before the date initially set for the trial of the action.” Continuance or postponement of the trial does not reopen or extend the discovery cutoff. The appellate courts had a difference of opinion, however,
- 01Sep2012
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The Essentials of Digital Forensics
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- 01Aug2012
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Demystifying the Analysis Phase of the EDRM
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- 01Aug2012
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Early Case Assessment – Before 26(f)
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- 01Jul2012
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Federal Government Targets Privacy Violations by Social Media Companies
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- 01Jun2012
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There Can Be No Justice without Truth and No Truth without Search
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- 27May2012
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Unlocking the Box: Blackbox Recording In Automobiles
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The legal system is supposed to arrive at “the truth, the whole truth, and nothing but the truth,” but in practice it is a mix of rules requiring the divulgence of data and those permitting its concealment: the fourth and fifth amendments, attorney/client and work product privileges, medical privacy rules, reporter shield laws,
- 01May2012
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Leveraging Cloud-Based Delivery Capabilities for DIY E-Discovery
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- 01May2012
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The SEC and E-Discovery
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- 01Apr2012
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What’s Hot in E-Discovery?
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- 01Mar2012
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E-Discovery 2011 Year in Review
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- 01Feb2012
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Best Practices in Predictive Coding: When are Pre-Culling and Keyword Searching Defensible?
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- 01Jan2012
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Secrets of Search – Part One
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- 01Jan2012
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Secrets of Search – Part Two
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- 01Jan2012
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Secrets of Search – Part Three
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- 01Jan2012
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Social Media & Internet Investigations
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- 01Dec2011
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For E-Discovery, “Reasonable Inquiry” Rules Remain the Same
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Although the advent of e-discovery poses significant challenges when interpreting many of the Federal Rules of Civil Procedure, practitioners must remember their ethical duty to their client and opposing counsel during discovery remains unchanged. Fed.R.Civ.P. 26(g)(1) requires an attorney of record to sign every discovery response and certify that, upon a reasonable inquiry,
- 23Nov2011
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Shifting the Burden: (e-discovery costs)
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Once a quarter the Atkinson-Baker Newsletter, Discovery Update,TM features those topics that shape the law itself and its practice. We address a broad variety of topics such as: copyright laws, unpublished opinions, discovery rules, employment law, evidence, expert witnesses, deposition practices, handling of exhibits and many, many more.
- 01Nov2011
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Legal Issues Surrounding Social Media Background Checks
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- 01Oct2011
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Anonymous Bloggers and the First Amendment: When and How Your Company Can Identify its John Doe Defendants
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- 01Aug2011
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Recognizing Reality with Preserving Social Media ESI
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- 01Jul2011
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E-Discovery, My How You’ve Grown
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- 01Jul2011
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What Can Happen When Lawyers Delegate Their e-Discovery Duties to a Client
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- 01Jun2011
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Cooperation and Proportionality: Essential Pieces to the E-Discovery Puzzle
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- 01May2011
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Top Ten e-Discovery Issues
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United States Magistrate Judge Andrew J. Peck for the S.D.N.Y., and practicing attorney, David J. Lender, have written a Top Ten list of e-discovery issues that is worthy of your attention. 10 Key E-Discovery Issues In 2011: Expert Insight to Manage Successfully (Metropolitan Corp. Counsel, April 03, 2011). It is always good to see a judge and attorney get together to offer practical advice,
- 01May2011
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The Confirmation of Existence Of Responsive ESI
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