We’re well into the digital age, and most litigators are familiar with the basic nomenclature of modern electronic discovery practice. Electronically stored information, document custodian, metadata, native formats, and predictive coding — these technical terms are widely understood and part of every discussion involving pretrial discovery of electronic data. You may even be well-versed in…

The COVID-19 pandemic taught the legal community that technology can be deployed to effectively serve clients and resolve disputes remotely, if necessary. Suddenly stripped of their ability to meet in-person, lawyers and courts rapidly adopted technology to meet their professional obligations. But as the country emerges from COVID-19 and restrictions on travel and in-person meetings…

This eBook reviews security measures deployed by Zoom and security measures that should be adopted by users of the platform. Together, they can create an information-sharing environment that meets the legal profession’s ethical obligation to take reasonable measures to protect client information from access by unauthorized persons in most uses.

Later this month, the American Bar Association will release the results of its largest-ever member survey on the challenges they’ve faced during the COVID-19 pandemic and how they believe the practice of law should change as the disease releases its grip on the country. Preliminary findings, shared during the ABA’s just-concluded midyear meeting, suggest: Women…

The rapid transformation to remote work in response to COVID-19 coupled with the presence of children no longer in school buildings or child-care settings has severely and negatively impacted female lawyers.

Nebraska court rules now set out in detail the process that must be followed when out-of-state litigators seek deposition testimony and evidence from a Nebraska resident. The new rules also include commentary and an example subpoena for attorneys to follow.

Remote depositions are an efficient means of obtaining discovery at a time when few are able or willing to travel or gather in groups. More importantly, the reality for litigators today is that it is very difficult to obtain a continuance until some future date when the public health crisis will abate sufficiently to allow in-person depositions to resume.

Despite valiant efforts by the legal community across the United States to conduct judicial business during the COVID-19 pandemic, some aspects of the justice system are suffering.

For many lawyers, the early days of the COVID-19 pandemic were a forced apprenticeship with virtual communications technologies, perhaps none more important than the easy-to-use, low-cost Zoom videoconferencing platform. Zoom calls, Zoom hearings, and Zoom depositions proliferated as a matter of necessity and, in nearly every jurisdiction, as a matter of judicial fiat.

Whether it’s an employment discrimination case or a personal injury matter, a patent dispute, or a cross-border antitrust proceeding, the probability that an attorney will encounter parties and witnesses with limited English proficiency rises every day. Not only is the United States becoming more diverse, its courtrooms are also often the forum of choice for…