Ediscovery and the Science of Cooperation

Ediscovery and the Science of Cooperation

In his most recent book, Harvard Law Professor Yochai Benkler surveys the sciences to summarize our current knowledge about what maximizes cooperation. Yochai Benkler, The Penguin and the Leviathan  (1st ed. 2011). The Penguin of the title refers to Tux, the emblem of...
The EDiscovery Privilege Order

The EDiscovery Privilege Order

As shown below, any federal court has the absolute statutory authority, which it should exercise immediately upon the filing of any action, to unilaterally enter an order that provides as follows (an “EDiscovery Privilege Order”): 1) No communications...
The EDiscovery Communication Privilege

The EDiscovery Communication Privilege

The following Order encourages disclosures between the parties about ediscovery by making certain communications non-discoverable and inadmissible, and by ensuring that those communications will not waive any otherwise applicable privilege or protection. It’s...
Cinema: EDiscovery

Cinema: EDiscovery

Joe Looby’s unique historical documentary, The Decade of Discovery (10th Mountain Films), shows how a few lawyers, judges, and scholars recognized the scope of the looming electronic discovery juggernaut and took the first major systematic steps to rein it in....