Back to Where I Once Belonged

I’ve escaped the e-Discovery Niche After 15 Years of Super-Specialization

After fifteen years of writing weekly blogs on e-discovery, I took three years off to focus on implementation of all those words. Now I’m back, back to where I once belonged. Writing again, but writing not just about my Big Law niche, the fun little AI corner that I had painted myself into, but back to writing about ALL of my interests in Law and Technology. That has been my home since I started in legal practice in 1980 and at the same time started coding, mostly games, but also music software, midi creations and law office technology. Proud to recall that I was one of the first computer lawyers in the country. (Also one of the first to get in trouble with the Bar for my Internet Website, FloridaLawFirm.com, which they thought was a television broadcast!)

Anyway, when not haggling with the Bar and fellow attorneys who would tease me, the first nerd, and call me a “secretary” (ooh how terrible) for having a keyboard on my desk. I kid you not! I used PCs when they first came out in my law firm as the new associate. I have had them on my desk to try to work smarter ever since. Not PCs necessarily, but all kinds.

So I’m back to where I once belonged, in the great big world of technology law, making deals and giving advice. Oh yeah, I may still consult on e-discovery too, especially the AI parts that so fascinated me ever since my Da Silva Moore breakthrough days. (Thank you Judge Andrew Peck.) For my full story, some of which I had to hide in my Big Law role as a super-specialist, see: https://www.losey.law/our-people/25-uncategorized/108-ralph-losey Not many people know I was a Qui Tam lawyer too; and for both sides.

Wait, there is still more. I’ve left the best for last. I went back home, left Big Law for good, and am now practicing law with my son, Adam Losey, daughter in law, Cat Losey, and thirteen other, crazy tech lawyer types at Losey.law. Yes, that is the real domain name and the name of the firm itself is Losey. So of course I had to go there. Check it out. Practicing law with my son is a dream come true for both of us. I’m loving it. It was lonely being the only tech wiz in a giant firm. Adam knows tech better than me, is much faster in every respect (except maybe doc review with AI) and he and Cat are obviously a lot smarter.

To my long-time readers, thanks for your encouragement. I heard you and got back to my roots of general tech-law, and got back to blogging and home. To quote the Beatles the funny “Get Back” song in their great LET IT BE album:

Rosetta (who are you talking about?) about Sweet Loretta Fart. . . .
Get back, get back
Get back to where you once belonged
Get back, get back
Get back to where you once belonged
Get back Loretta ooh, ooh
Go home
Get Back (Remastered 2009) – YouTube

Stay tuned, because a new blog is coming at you soon. Feel free to drop me an email at Ralph at Losey dot Law. Humans only please. Robots not welcome (unless you’re from the future and don’t have weapons).

This entry was posted on Tuesday, January 25th, 2022 at 4:47 pm and is filed under AI Ethics, Evidence, Forensic Exam, informaton, knowledge, Lawyers Duties, Metadata, New Rules, Related Legal Webs, Review, Search, Security, Spoliation/Sanctions, Technology, VENDORS, wisdom. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.

4 Responses to Back to Where I Once Belonged

floridabecky8920e2886d says:

January 25, 2022 at 6:11 pm

SO GOOD to see YOU in my inbox Ralph! You look great! And, awesome that you are practicing with your son. What a dream.

Happy New Year

Becky

Rebecca (back from Fios days etc)

On Tue, Jan 25, 2022 at 1:47 PM e-Discovery Team ® wrote:

> Ralph Losey posted: ” I’ve escaped the e-Discovery Niche After 15 Years of > Super-Specialization Ralph Losey, January 25, 2022 After fifteen years of > writing weekly blogs on e-discovery, I took three years off to focus on > implementation of all those words. Now I’m” >

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- Ralph Losey says:
  
  January 28, 2022 at 11:48 am
  
  Thanks. Let’s do a Google Meet soon. Like to catch up with all my colleagues like you. Ralph at losey dot law (weird email cause I;m trying to avoid the damn scrapers, spammers)
  
  Loading...
MARK MICHELS says:

January 27, 2022 at 11:10 am

Awesome to see you back Ralph!

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- Ralph Losey says:
  
  January 29, 2022 at 7:15 pm
  
  Thanks. Let’s do a Google Meet soon.
  
  Loading...

Ralph’s eDiscovery Books

e-Discovery for Everyone, (ABA, 2017). Also see Ralph's video on this book.
Perspectives on Predictive Coding and Other Advanced Search Methods for the Legal Practitioner, Contributor and co-editor with Jason Baron and Michael Berman, (ABA 2017)
Adventures in Electronic Discovery (West Thomson Reuters, 2011).
Electronic Discovery: New Ideas, Trends, Case Law, and Practices (West Thomson Reuters, 2010).
Introduction to E-Discovery: New Cases, Ideas, and Techniques (ABA 2009).
e-Discovery: Current Trends and Cases (ABA 2008).

About the Blogger

Ralph Losey is a Friend of AIs, Writer, Commentator, Journalist, Lawyer, Arbitrator, Special Master, and Practicing Attorney as a partner in LOSEY PLLC. Losey is a high tech law firm with three Loseys and a bunch of other skilled attorneys. We handle major "bet the company" type litigation, special tech projects, deals, IP of all kinds all over the world, plus other tricky litigation problems all over the U.S. For more details of Ralph's background, Click Here

All opinions expressed here are his own, and not those of his firm or clients. No legal advice is provided on this web and should not be construed as such.

Ralph has long been a leader of the world's tech lawyers. He has presented at hundreds of legal conferences and CLEs around the world. Ralph has written over two million words on e-discovery and tech-law subjects, including seven books.

Ralph has been involved with computers, software, legal hacking and the law since 1980. Ralph has the highest peer AV rating as a lawyer and was selected as a Best Lawyer in America in four categories: Commercial Litigation; E-Discovery and Information Management Law; Information Technology Law; and, Employment Law - Management.

Ralph is the proud father of two children, Eva Losey Grossman, and Adam Losey, a lawyer with incredible litigation and cyber expertise (married to another cyber expert lawyer, Catherine Losey), and best of all, husband since 1973 to Molly Friedman Losey, a mental health counselor in Winter Park.

Sedona Principles 3rd Ed

1. Electronically stored information is generally subject to the same preservation and discovery requirements as other relevant information.

2. When balancing the cost, burden, and need for electronically stored information, courts and parties should apply the proportionality standard embodied in Fed. R. Civ. P. 26(b)(2)(C) and its state equivalents, which require consideration of importance of the issues at stake in the action, the amount in controversy, the parties’ relative access to relevant information, the parties’ resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit.

3. As soon as practicable, parties should confer and seek to reach agreement regarding the preservation and production of electronically stored information.

4. Discovery requests for electronically stored information should be as specific as possible; responses and objections to discovery should disclose the scope and limits of the production.

5. The obligation to preserve electronically stored information requires reasonable and good faith efforts to retain information that is expected to be relevant to claims or defenses in reasonably anticipated or pending litigation. However, it is unreasonable to expect parties to take every conceivable step or disproportionate steps to preserve each instance of relevant electronically stored information.

6. Responding parties are best situated to evaluate the procedures, methodologies, and technologies appropriate for preserving and producing their own electronically stored information.

7. The requesting party has the burden on a motion to compel to show that the responding party’s steps to preserve and produce relevant electronically stored information were inadequate.

8. The primary source of electronically stored information to be preserved and produced should be those readily accessible in the ordinary course. Only when electronically stored information is not available through such primary sources should parties move down a continuum of less accessible sources until the information requested to be preserved or produced is no longer proportional.

9. Absent a showing of special need and relevance, a responding party should not be required to preserve, review, or produce deleted, shadowed, fragmented, or residual electronically stored information.

10. Parties should take reasonable steps to safeguard electronically stored information, the disclosure or dissemination of which is subject to privileges, work product protections, privacy obligations, or other legally enforceable restrictions.

11. A responding party may satisfy its good faith obligation to preserve and produce relevant electronically stored information by using technology and processes, such as data sampling, searching, or the use of selection criteria.

12. The production of electronically stored information should be made in the form or forms in which it is ordinarily maintained or in a that is reasonably usable given the nature of the electronically stored information and the proportional needs of the case.

13. The costs of preserving and producing relevant and proportionate electronically stored information ordinarily should be borne by the responding party.

14. The breach of a duty to preserve electronically stored information may be addressed by remedial measures, sanctions, or both: remedial measures are appropriate to cure prejudice; sanctions are appropriate only if a party acted with intent to deprive another party of the use of relevant electronically stored information.

Reprinted courtesy of The Sedona Conference®.

Go to www.thesedonaconference.org to download a free copy of the complete document for your personal use only.

e-Discovery Team ®

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