Data Privacy in the News; The Trilogy.

Data Privacy in the News; The Trilogy.  

Has the battle for data privacy been lost?

The topic of privacy continues to be something that people, regardless of whether they are in a legal related field or not, are concerned with as our daily lives increasingly spread onto the internet. Recently, during a four in the morning drive to the airport, I found myself listening to the BBC in order to catch up on international news and get my brain stimulated for the day’s meetings. I was glad that I tuned in because they were broadcasting a story on the privacy differences between Europe and the United States. I find this subject fascinating from the perspective of someone that sees personal and professional data collected in civil and criminal law matters, but also as a user of technology in my personal life that is profoundly interested in how the use of technology in my personal life may be accessible by corporate and government interests. Read more of this post

MerlinOne’s own Shawn Huston Featured In Litigation Support Case Study

Recently I was profiled in a case study on the LitigationSupportGuru.com website. I’d like to offer a big thank you to Amy Bowser-Rollins who is the Litigation Support Guru behind the website. I’m humbled to be profiled among such a great group that is doing so much in the industry. Amy’s website offers real-world tips and information about the Litigation Support industry and if you haven’t checked it out yet I encourage you to do so. Whether you’re a veteran or just getting started there is something for everyone. Read more of this post

What’s e-Discovery got to do with it?

I’m not sure if it’s coincidental that this topic came up so close to Valentine’s Day, but as an example of the widespread adoption of e-Discovery in all areas of the practice of law I happened upon an article in the technology blog LockerGnome discussing the growth of ESI from smartphones and text messages in divorce cases. This coincides with the frequent discussions that I have with attorneys of all subject matter expertise describing how e-Discovery is finding its way into their practices.

If you’ve seen a divorce case first hand or through your relationship with friends or family you know how adversarial and contemptuous these cases can be. Even the most passive individual can quickly become the embodiment of the Incredible Hulk. Throw into the equation communications such as email or text messages that exist in the sphere of electronic data and you’ve got a recipe for an e-Discovery nightmare.

Of particular mention by the author is a recent survey by the American Academy of Matrimonial Lawyers that found 92% of the 1600 respondents had seen an increase in the use of evidence generated from smart phones. An even greater 94% of attorneys taking the survey noted an increase in the amount of text messages used as evidence during the same time frame. Read more of this post

Musings on Legal Tech New York 2012


Whew! Another Legal Tech is in the books and by all accounts it was a great success. I’d like to thank all of the great clients, prospects, partners, colleagues and friends I had the pleasure of talking with over the last week. It’s the people that make the world of Litigation Support so fun and rewarding and those at this show did not disappoint.

The official roll out of Level Review with a showcase of new features and functionality was well received by all who stopped by our booth. It was great having our tireless efforts to make great software accessible for every size case with a simple Pay-As-You-Go business model validated by our colleagues and partners. Upcoming features like Analytical Reports, customizable UI, flexible folders along with current features like OCR for Audio and Video files and the Keyword Wizard were especially well received and are a testament to the work put in by the Level Review team over the last few months and years.

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How to get the most out of LegalTech New York 2012

It’s that time of year again fellow Lit Supporters. That’s right, LTNY 2012 is only days away. I’ve always been one who has enjoyed attending legal Tech and the companionship of my e-Discovery colleagues every winter in blustery New York City. Catching up with old friends and coworkers; meeting new people and making new friends; Talking shop with techies, attorneys and sales folks; Late night dinners and early mornings in the booth. What’s not to love right?

Well since not everyone feels the same, I’ve put together a list of tips to help even the most green Legal Tech attendees get the most out LTNY 2012.

1)     Soak it in.  The vendor displays seem to go on forever, filling up multiple floors of the Hilton New York. Take note of the vastness of the industry you are a part of. Be proud to be a part of it.

2)     Catch up with an old friend.  If you’ve been in the business long enough, as I have, you will see folks you haven’t seen in a while (or at least since last year’s conference). Spend some time to re-connect with those people and nurture those relationships. Litigation Support is still a small world so no matter your plans you are bound to have contact with them in the future.

3)     Meet new people.  The swarms of people can be intimidating for even the veteran Legal Tech attendee, but don’t let that stop you from making new professional and personal relationships. I challenge you to talk to at least one new person each day for a minimum of ten minutes. It may not seem like much, but after the first couple minutes when you get past the general introductions you might just make a friend or build a contact to help your professional growth. If all else fails come and find me at our booth (1507). I’d love to meet you!

4)     Go to a session.  Especially for us vendors, it’s easy to get caught up in the hustle of the exhibit area. Don’t forget that there are interesting sessions taking place constantly on subjects ranging from data security, ethical cloud computing, iPad tips, social media affects on juries, international discovery requests and so much more. Try and attend as many as you can that interest you. Any knowledge that you gain can only help you serve your clients better the rest of the year.

5)     I love New York.  New York City is a special and crazy (in a good way) place unlike any city I’ve been in the world. If you have time after the sessions are over, go get a drink or bite to eat at one of the many places in the area or even away from Midtown.

6)     Write down 3 goals and execute them.  Before arriving write down three goals you hope to achieve by attending. Take a look at your list three times a day. At the start of the day, after lunch and at the end of the day. This will help you stay focused on the goals and help to ensure you don’t leave Wednesday night feeling you missed out on anything.

7)     Come and visit us!  I couldn’t resist some shameless self promotion, but we really are exhibiting some fantastic new features for our review tool, Level Review 3.0. We’ve put in a lot of hard work and are excited to hear your feedback so stop by booth #1507 for a friendly smile and a quick demo. I promise we’ll keep it quick so you can get back to accomplishing the other six items above.

Hope to see you there!

Posted by Shawn Huston

Photo by DreamsTime

Introducing Level Review 3.0 at Legal Tech New York 2012!

All of us at MerlinOne have been hard at work on the newest (and best!) version of our hosted e-Discovery review tool. This new rollout includes a vastly updated back-end that will allow us to iterate more quickly to meet the demands of our clients. The release will also include the addition of great new features including email domain analysis, keyword frequency reporting, customizable UI with drag and drop functionality, improved folder management, search result export and more! We are extremely excited to finally pull the covers back so you can take a peek.

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3 Practical Lessons from I-Med Pharma, Inc. v. Biomatrix, Inc.

3 Practical Lessons from I-Med Pharma, Inc. v. Biomatrix, Inc., No. 03-3677 (DRD), 2011 WL 6140658 (D.N.J. Dec. 9, 2011)

Recently the United States District Court for the District of New Jersey reached a decision affirming a prior judgment by Magistrate Judge Michael Shipp in I-Med Pharma, Inc.  v.  Biomatrix, Inc., No. 03-3677 (DRD), 2011 WL 6140658 (D.N.J. Dec. 9, 2011). The defendant appealed the original decision by Judge Shipp not to force the plaintiff to search and review an estimated 95 million pages of records found in the unallocated space on its computer systems using keyword search terms previously agreed upon by both parties. The reasoning used in the original decision and affirmed here was the original search terms that were agreed upon were too broad, making the costs associated with performing a full privilege review burdensome. The likelihood of any of this data being responsive was especially low because it included searches on the unallocated space of the plaintiff’s computer system further causing the projected costs to be disproportionate to the expected gain of this search and review.

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Crime and e-Discovery Don’t Mix

Crime and e-Discovery don't mix. Flickr photo by alancleaver_2000The United States District Court for the Western District of New York (W.D.N.Y) recently addressed the lack of standards related to electronically stored information (ESI) in the criminal case United States v. Antonio Briggs, et al., Defendants.

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Groupon and e-Discovery: The Future of Legal Services?

e-Discovery and litigation support deals. Flickr photo by Ian MuttooGroupon and e-Discovery: strange bedfellows or the future of legal services?

By now, most people are probably aware of the explosion of deal sites that exist for consumer products and services. Sites like Groupon, Living Read more of this post

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