Tag Archives: ediscovery

Lawyer Ethics in the Virtual Courtroom

By | June 4, 2020

The COVID-19 pandemic has radically altered the way we live, work, and play. As will be examined below, it has altered the way lawyers conduct litigation. By mid-March 2020, the justice system in Canada (and in most other jurisdictions around the world) was scrambling to change its default ways of doing business – from the… Read More »

Canada’s First? Competition Tribunal Endorses the Use of Predictive Coding in Document Review

By | January 8, 2020

In traditional litigation context, a typical document review process will involve human review of all documents to determine the relevancy and/or privilege (if any) attached to documents in the discovery process. However, with the ever-increasing number of electronic documents in the discovery process, artificial intelligence-based technology such as predictive coding is now a more feasible… Read More »

Predictive Coding: Seed Sets and Litigation Privilege

By | January 8, 2020

The use of predictive coding technology in litigation document review has increasingly been welcomed by courts in different jurisdictions. That notwithstanding, there is still legal uncertainty as to whether litigation privilege applies to seed sets. A seed set (also referred to as training set) is a sample of documents selected from a larger document set… Read More »

eDiscovery Lessons From The Wells Fargo Data Breach

By | January 8, 2020

The Equifax data security breach was the hallmark of data breaches in 2017 (at least for now). But for most lawyers (especially litigating lawyers), the minuscule Wells Fargo data breach was of particular interest. This interest stems from the fact that it involved one of their own in the course of her professional duties. 1.    … Read More »

Basic Guide to Document Review in E-Discovery

By | January 8, 2020

In Canada, discovery in civil litigation is governed by the Rules of Court or Rules of Civil Procedure. At the Federal Courts, the Federal Courts Rules govern the commencement and conduct of proceeding, while in the provinces such as Ontario, the Rules of Civil Procedure apply. These Rules also contain provisions relating to documentary disclosure.… Read More »

Ethical Issues in e-Discovery of Facebook Evidence

By | January 8, 2020

In the previous blog, it was noted that the overwhelming interest by litigating counsel in e-discovery of Facebook evidence in civil litigation gives rise to some ethical concerns. McPeak (2014) has noted that these ethical concerns arise in the context of rules of professional conduct relating to (1) the duty of a lawyer to investigate… Read More »