The Legal Intelligencer Blog

Drinker Isn’t Only Firm to Start E-Discovery Shop

By Gina Passarella
Of the Legal Staff

In Thursday’s Legal, I wrote about Drinker Biddle’s new subsidiary, Drinker Discovery Solutions, in which the firm will offer its clients and other firms’ clients e-discovery services.

Drinker bought its own software and is looking to replicate what e-discovery vendors are offering their clients.

Drinker and consultants said they hadn’t heard of other firms taking a similar approach and creating a wholly owned subsidiary, though they expected it might catch on at other firms.

As it turns out, there are firms that have taken similar approaches.

Holland & Hart created a subsidiary several years ago that has since spun off into its own company, Catalyst Repository Systems. Other firms, including K&L Gates and Morgan Lewis (as mentioned in our article) have taken a number of e-discovery technology functions into the law firm practice.

Legal affiliate Law Technology News wrote an article earlier this year about how firms were handling e-discovery for their clients.

More recently, Atlanta-based Troutman Sanders created a subsidiary in early June known as eMerge. It is run by Troutman Sanders partner Alison Grounds, who also heads up the law firm’s e-discovery and data management practice.

The goal of eMerge sounds a lot like Drinker Discovery Solutions’ mission.

From Troutman Sanders website: “eMerge provides consulting, project management and technology services related to the preservation, collection, processing, hosting, review, and production of ESI in litigation and internal/governmental investigations – all at competitive rates.

“Our mission is to leverage technology to reduce irrelevant data and get to the relevant documents efficiently,” Grounds said. “This reduces manual review costs and wasted fees in hosting junk.”

Here is a link to eMerge’s website.

Here is a link to Drinker Discovery Solutions’ website.

Fresh Ink: Inside Today's Legal

Welcome to your Thursday morning round-up of stories in today’s edition of The Legal Intelligencer. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

The top story this morning is the state Supreme Court rejecting a request by the state Association of County Commissioners and 10 counties to order the General Assembly to take legislative action and provide state funding for a centralized, unified judicial system. As reporter Amaris Elliott-Engel writes, the court said it trusts the branches of government will cooperate to decide what local functions of the justice system need to be unified in a central system.

Also above the fold on Page 1, reporter Saranac Hale Spencer writes that a suit alleging a natural gas drilling operation violated the Clean Air Act has survived a motion to dismiss in federal court and raised novel questions about abstention.

Below the fold on Page 1, reporter Gina Passarella takes a look at recent indications that law firms could become e-discovery vendors. Drinker Biddle & Reath, for example, created a subsidiary to handle the technical aspect of mining electronic data in litigation.

In more Regional News on Page 3, reporter Zack Needles writes that Archer & Greiner plans to open an office in Monmouth County, N.J., after its recent expansion in Philadelphia and North Jersey.

As always, our People in the News section is on Page 2, and the top stories from our sister publications across the country make up the Page 4 National News section.

In a Securities Law column on Page 5, Katayun I. Jaffari and Jill M. Stadelman write that the SEC has adopted conflict mineral disclosure and due diligence rules.

In this week’s Young Lawyer column on Page 7, Michael J. Joyce writes about the daily struggles of handling the novelties of practice.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to email any of the reporters directly. We hope you'll enjoy today's Legal.

Fresh Ink: Inside Today's Legal

Welcome to your Wednesday morning round-up of stories in today’s edition of The Legal Intelligencer. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

The top story this morning is the state Supreme Court sending the voter ID case back to the Commonwealth Court. As reporter Saranac Hale Spencer writes, challengers to the law won a round yesterday when the justices filed a per curiam order vacating the Commonwealth Court’s decision not to issue a preliminary injunction last month. The state must now prove that nobody will be disenfranchised by the law.

Also above the fold on Page 1, reporter Amaris Elliott-Engel writes that complaints about priest sexual abuse claim that Stradley Ronon Stevens & Young assisted the Archdiocese of Philadelphia in efforts to conceal sexual misconduct by its clergy. The firm is not a named defendant in the eight civil lawsuits that were filed.

Below the fold on Page 1, reporter Zack Needles writes that a Connecticut insurer has sued Chartwell Law Offices, seeking a declaratory judgment that it does not have a duty to indemnify the firm against malpractice claims tied to the Bridgeport fire.

In more Regional News on Page 3, a New Jersey firm has been sued over the failed use of an involuntary Chapter 7 petition.

As always, our People in the News section is on Page 2, and the top stories from our sister publications across the country make up the Page 4 National News section.

In this week’s GC Mid-Atlantic column on Page 5, Steven D. Usdin and Nella M. Bloom write about a general counsel’s role in a financially distressed company.

In an E-Discovery column on Page 7, Alice E. Burns writes about using predictive coding as another tool in the arsenal.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to e-mail any of the reporters directly. We hope you'll enjoy today's Legal.

Fresh Ink: Inside Today's Legal and Pa. Law Weekly

Welcome to your Tuesday morning round-up of stories in today’s edition of The Legal Intelligencer, which also includes this week’s edition of Pennsylvania Law Weekly. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

Today’s paper also features this year’s First-Year Associates supplement, including articles about office etiquette for new associates, the need for formal mentoring and results from a survey conducted by The Legal.

The top story in today’s Legal is the fourth in reporter Amaris Elliott-Engel’s products liability series. In the latest article, she writes that federal pre-emption and direct-to-consumer marketing are the next frontier in pharmaceutical law. Products liability attorneys are continuing to struggle with what state-law pharmaceutical and medical device claims are likely to survive federal pre-emption.

Also above the fold on Page 1, Amaris Elliott-Engel writes that a diet drug claim involving delayed injury has survived. A federal judge has said it is up to a jury to decide whether diet drugs caused a South Carolina woman’s likely fatal pulmonary hypertension to surface 11 years after she stopped taking the drugs.

Below the fold on Page 1, reporters Zack Needles and Gina Passarella write that firms are having a tough time searching for junior transactional lawyers, a group that was affected by the economy’s nosedive in 2008, when large firms shifted young associates away from sluggish transactional practices.

In more Regional News on Page 3, reporter Saranac Hale Spencer writes that the reorganized successor to the former Penn Central Transportation Co. must pay a $15 million judgment against the original railroad company, which filed for bankruptcy in 1970.

As always, our People in the News section is on Page 2, and the top stories from our sibling publications across the country make up the Page 4 National News section.

In an Antitrust Law column on Page 5, Carl W. Hittinger and John D. Huh write that the FTC is recalibrating its sights on the disgorgement of profits.

In a Business of Law column on Page 7, Frank Michael D’Amore writes about law firm economics and what clients really want.

Today’s lead story in PLW is the Judicial Conduct Board issuing significantly more letters of caution in 2011 than the previous year. As reporter Ben Present writes, the JCB issued 35 such letters, which it intended to be a “wake-up call.”

Below the fold on Page 1, Gina Passarella writes that a car’s black box can’t be suppressed in an accident trial, as a Lehigh County judge has ruled. The defendant in the case argued there was no probable cause in the investigating officer’s affidavit for the issuance of a warrant, and therefore wanted the data recorder suppressed.

On Page 3, Zack Needles writes that the state Supreme Court has ruled that decisions of the Pennsylvania Office of Open Records may be subject to challenges over whether records are disclosable under the Right-to-Know Law.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he writes about lawyers making clear what information is privileged; Leonard Deutchman’s Cyberlaw column on cost-shifting in e-discovery; and Scott A. Coffina’s Constitutional Law column on the winding road of Pennsylvania’s voter ID litigation.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to e-mail any of the reporters directly. We hope you'll enjoy today's Legal.

Fresh Ink: Inside Today's Legal

Welcome to your Wednesday morning round-up of stories in today’s edition of The Legal Intelligencer. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

The top story this morning is a federal judge in Philadelphia ruling that the Department of Labor has the authority to set the rules governing the amount that foreign guest workers will be paid. As reporter Saranac Hale Spencer writes, the ruling comes in a case that could cost employers $847 million.

Also above the fold on Page 1, reporter Gina Passarella writes that Littler Mendelson has named Philadelphia lawyer Thomas Bender as its co-president, along with San Diego shareholder Jeremy Roth.

Below the fold on Page 1, Gina Passarella writes that, in upholding the Pennsylvania Gaming Control Board’s award of a Category 3 gaming license to Woodlands Fayette, some justices of the state Supreme Court addressed the board’s practices and an investigating grand jury’s report questioning the board’s operations.

In more Regional News on Page 3, reporter Zack Needles writes that Swartz Campbell has sued Chartwell Law Offices in part over a recent lateral move that resulted in the closing of Swartz Campbell’s Fort Myers, Fla., office and the opening of an office in the same city for Chartwell.

As always, our People in the News section is on Page 2, and the top stories from our sister publications across the country make up the Page 4 National News section.

In this week’s GC Mid-Atlantic column on Page 5, Andrew J. DeFalco writes about the application of attorney-client privilege to email strings.

In a White-Collar Law column on Page 7, Peter D. Hardy and Abraham Rein write about the protocol for discovery of electronic data in criminal cases.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to e-mail any of the reporters directly. We hope you'll enjoy today's Legal.

Fresh Ink: Inside Today's Legal

Welcome to your Monday morning round-up of stories in today’s edition of The Legal Intelligencer. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

The top story this morning is a federal judge shifting e-discovery cost toward the plaintiffs in a potential class action. As reporter Saranac Hale Spencer writes, in an apparent case of first impression nationally, given the amount of material already produced by the defendant, the judge ruled that the plaintiffs should pay for further discovery, including both electronic and paper files.

Below the fold on Page 1, reporter Amaris Elliott-Engel writes that Jeffrey B. Rotwitt’s attorneys argued that sanctions over allegedly deficient discovery responses, including the loss of Rotwitt’s defenses, are inappropriate. The issue stems from Rotwitt’s involvement with the Philadelphia family court deal.

In more Regional News on Page 3, Amaris Elliott-Engel writes that a Philadelphia judge has rejected an alternate dispute resolution agreement signed by a medical malpractice plaintiff’s mother as unenforceable.

As always, our People in the News section is on Page 2, and the top stories from our sister publications across the country make up the Page 4 National News section.

In a Litigation column on Page 5, Abraham J. Gafni writes about mandatory mediation and avoiding pitfalls by complying with the agreement.

In a Law Technology News column on Page 7, David Cohen and Caitlin Gifford provide an update on e-discovery case law.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to e-mail any of the reporters directly. We hope you'll enjoy today's Legal.

Fresh Ink: Inside Today's Legal and Pa. Law Weekly

Welcome to your Tuesday morning round-up of stories in today’s edition of The Legal Intelligencer, which also includes this week’s edition of Pennsylvania Law Weekly. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

The Family Law supplement is also inside today's paper, so be sure to give that a read.

The top story in today’s Legal is the Third Circuit taking a skeptical view of reverse-payment settlements in a pharmaceutical patent case, rejecting the scope-of-the-patent test used by several other circuits to determine whether a settlement violates antitrust laws. As reporter Gina Passarella writes, the Third Circuit has instead adopted a rule-of-reason analysis to determine if the settlements warrant antitrust review.

Also above the fold on Page 1, reporter Zack Needles writes that Pittsburgh-based Tucker Arensberg has defeated a legal malpractice claim.

Below the fold on Page 1, reporter Saranac Hale Spencer writes that a judge has denied a doctor a new trial in a case of test question theft.

In more Regional News on Page 3, Hank Grezlak writes in a From the Chief column that the Freeh Report is a case study in how people rationalize ignoring evil.

As always, our People in the News section is on Page 2, and the top stories from our sibling publications across the country make up the Page 4 National News section.

In a Securities Law column on Page 5, Robert L. Hickok and Gay Parks Rainville writes that the U.S. Supreme Court has agreed to hear a case regarding the applicability of the fraud-on-the-market presumption.

In an Asset Management column on Page 7, Irvin G. Schorsch III writes about going beyond a lawyer’s fiduciary role in estate planning.

Today’s lead story in PLW is Lackawanna County outspending other counties on guardian ad litem services. Reporter Zack Needles writes that the county’s full-time guardian ad litem, Danielle M. Ross, made about $110,000 per year between 2009 and 2011.

Below the fold on Page 1, reporter Ben Present writes that cross motions for Facebook discovery were denied in an auto case.

On Page 3, Ben Present writes that the Superior Court has affirmed a $7.8 million verdict against Consol Energy.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he writes about ex parte communications with a judge; Daniel E. Cummins’ Civil Practice column on Medicare liens and personal injury matters; and Jeff Jubelirer’s Public Relations column on what to say when you can’t really say anything.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to e-mail any of the reporters directly. We hope you'll enjoy today's Legal.

Fresh Ink: Inside Today's Legal and Pa. Law Weekly

Welcome to your Tuesday morning round-up of stories in today’s edition of The Legal Intelligencer, which also includes this week’s edition of Pennsylvania Law Weekly. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

The top story in today’s Legal is the impact the eurozone crisis is having on Pennsylvania firms. As reporter Gina Passarella writes, the financial troubles have had the expected effect for some firms of a restricted deal flow, counseling advice going up and cautious hiring in those regions.

Below the fold on Page 1, reporter Ben Present writes the latest from the Jerry Sandusky trial, including that the jury will be sequestered and the trial could end this week.

In more Regional News on Page 3, reporter Amaris Elliott-Engel writes that interrogatories from another asbestos case are not hearsay, as the state Superior Court has held.

Also on Page 3, the Third Circuit has removed a judge in a case against an ex-New Jersey prosecutor.

As always, our People in the News section is on Page 2, and the top stories from our sibling publications across the country make up the Page 4 National News section.

In a Litigation column on Page 5, Abraham J. Gafni writes about considering unavailability when drafting arbitration agreements.

In a Legal Marketing column on Page 7, Meirion Jones writes about the pitfalls and the prize of key account management.

Today’s lead story in PLW is an analysis of the Sandusky trial, as Ben Present writes about the surreal nature of the trial and how it has taken form during witness accounts.

Below the fold on Page 1, reporter Zack Needles writes that agencies may not ignore improperly submitted records requests, according to a deeply divided Commonwealth Court.

On Page 3, Ben Present writes that a mandatory minimum sentence can’t be retroactively invoked, according to a state Supreme Court ruling.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he writes about lawyers who run separate, nonlegal businesses; Matthew Weisberg’s Legal Profession column on what to do when faced with a legal malpractice claim; and Leonard Deutchman’s Cyberlaw column on thinking ahead in e-discovery to control costs.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to e-mail any of the reporters directly. We hope you'll enjoy today's Legal.

Fresh Ink: Inside Today's Legal

Welcome to your Monday morning round-up of stories in today’s edition of The Legal Intelligencer. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

The top story this morning is the U.S. Supreme Court again rejecting a holding of the U.S. Court of Appeals for the Third Circuit in a habeas case. As reporter Saranac Hale Spencer writes, some legal observers see a trend developing with the high court, as it has been routinely reversing circuit courts in habeas cases, often invoking the Antiterrorism and Effective Death Penalty Act.

Below the fold on Page 1, reporter Amaris Elliott-Engel writes that the Montgomery County Court of Common Pleas has reduced its backlog of cases waiting to be tried by around 35 percent since Jan. 1. There had been more than 500 cases awaiting trial at that point, but now there are only 321 remaining.

In more Regional News on Page 3, reporter Gina Passarella writes that the state Supreme Court has denied Wolf Block’s appeal in a severance suit brought by a former partner who wants his pay.

As always, our People in the News section is on Page 2, and the top stories from our sister publications across the country make up the Page 4 National News section.

In a Litigation column on Page 5, Denis James Lawler, Daphne Goldman and Mackenzie W. Smith write about attorney-client privilege, asking if there is a fiduciary exception.

In this week’s Law Technology News page, Craig Ball writes about 10 bonehead e-discovery search mistakes.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to e-mail any of the reporters directly. We hope you'll enjoy today's Legal.

Fresh Ink: Inside Today's Legal

Welcome to your Monday morning round-up of stories in today’s edition of The Legal Intelligencer. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

The top story this morning is the next in our series of firm financials, this time taking a look at Fox Rothschild. As reporter Zack Needles writes, the firm increased revenue by 7.3 percent and profits per equity partner by 3.5 percent.

Below the fold on Page 1, reporter Amaris Elliott-Engel writes that the state Supreme Court directed excess class action funds to the IOLTA board. As such, Pennsylvania will become the sixth state in the country to require cy pres funds left over from settlements to be used for legal aid providers or other nonprofits.

Also below the fold on Page 1, reporter Ben Present writes that the Pennsylvania Bar Association has created a task force to take a closer look at the state’s Code of Judicial Conduct.

In more Regional News on Page 3, Amaris Elliott-Engel writes that a Lehigh County jury has awarded a man and his wife $2 million in noneconomic damages because the man has double vision and other eye injuries in the aftermath of a sinus surgery gone wrong.

As always, our People in the News section is on Page 2, and the top stories from our sister publications across the country make up the Page 4 National News section.

In an Insight on Diversity column on Page 5, Elisa N. Bramble writes about establishing lasting connections for diverse law students.

On the Law Technology News page are two articles: How to build a better webinar presentation and an e-discovery course that offers “in the trenches” lessons for students.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to e-mail any of the reporters directly. We hope you'll enjoy today's Legal.