Litigation

Recent advances in technology assisted review (what I call "TAR 2.0") include the ability to deal with low richness, rolling collections, and flexible inputs in addition to vast improvements in speed. These improvements now allow TAR to be used effectively in many more discovery workflows than its traditional "TAR 1.0" use in classifying large numbers of documents for production.

Discussion of two major cases.

The law firm records management industry has been evolving to an information governance framework. The records function within the firm has traditionally been more of a back-end function, with the idea that everything was created in paper, made into an official record, indexed and hopefully regulated by retention schedules.

Expert analysis of two major rulings.

In ABC v. Aereo, the U.S. Supreme Court reversed the Second Circuit's holding that Aereo did not directly infringe the copyright owners' public performance rights through the operation of the "Watch Now" function of its service.

Pomegranate juice is the subject of an intense legal battle between POM Wonderful and Coca-Cola Co. In its Lanham Act challenge, POM alleges that Coke's juice product's name, label, marketing and advertising mislead consumers into thinking the product is mostly a pomegranate and blueberry juice when it in fact is mostly apple and grape juice.

No Disclosure Document? Not Always a Problem.

This article examines the allegations of Spirit that Led Zeppelin copied the introductory descending guitar figure in "Stairway to Heaven" from its 1968 instrumental, explains why the suit is not stale despite being brought 42 years after the release of "Stairway," and discusses the challenges that the plaintiff must overcome if he is to prevail in the litigation.