Because an important element in the litigation process today is e-discovery, we have included a couple of articles this month that highlight areas of e-discovery which could be relevant and important to your practice.
Our lead article, “Blind as a Cat: Lawyers vs. Native Production,” shares one e-discovery expert’s reality that lawyers are deprived of experience with native forms in e-discovery production and don’t see that using native forms is easy and cheap. We hope you find it informative and helpful, as well as our other
e-discovery-focused article, “Cell Phones are Not Facilities Under the Stored Communication Act.”
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Blind as a Cat: Lawyers vs. Native Production
By Craig Ball
I took Introductory Psychology with a phalanx of freshmen in the cavernous Hamman Hall amphitheater at Rice University. Thirty-five years later, I best remember the astounding experimental work of Cambridge researchers, Colin Blakemore and G.F. Cooper, proving the ability to see isn’t born in us, but must be learned. Blakemore and Cooper reared kittens in darkness save for five hours a day when the kittens were placed in environments rigged so they could see only horizontal or vertical stripes. When later exposed to a dangling black rod, the felines reared with horizontal stripes could see the rod only when it was positioned horizontally. As the rod was turned vertically, only the vertical world kittens saw it. The rod “disappeared” in the eyes of the horizontal world kittens. Deprived of experience with the other plane, each group of kittens was incapable of seeing it. Their visual cortices didn’t develop the cells to see the horizontals or verticals they’d never experienced.
I think of those poor kittens as I ponder the relentless pushback I face trying to help lawyers see the unmistakable advantages of native review and production of ESI versus TIFF image and load file productions. I’m starting to appreciate that what strikes me as pig headedness may just be kitten headedness. Read full article >>
Cell Phones are Not Facilities Under the Stored Communications Act
By Joshua Gilliland, Esq.
Does the Stored Communication Act protect all text messages and data stored on a personal cell phone accessed without the owner’s permission?
Not if you are arguing the cell phone is a “facility” under the Stored Communications Act. Garcia v. City of Laredo, 2012 U.S. App. LEXIS 25370 (5th Cir. Tex. Dec. 12, 2012).