Books, Articles, Awards

This is a complete listing of Ralph Losey’s ralph_smiling books, articles and some notable speaking engagements. A complete list of his many talks worldwide are too numerous to list. At the end is an unabridged list of what Ralph considers his most notable Accolades and Honors during the course of his career as a lawyer since 1980.

E-DISCOVERY FOR EVERYONE, Ralph Losey; Foreword Judge Paul Grimm (ABA 2016-2017). Click here for his video intro to this book.

PERSPECTIVES ON PREDICTIVE CODING And Other Advanced Search Methods for the Legal Practitioner; Editors: Jason R. Baron, Ralph C. Losey, Michael Berman; Foreword by Judge Andrew Peck (ABA 2016-2017).

Here are Losey’s earlier books.

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).

Your Cyber Rights and Responsibilities: The Law of the Internet, Chapter 3 of Que’s Special Edition Using the Internet, (McMillian 3rd Ed, 1996).

Law Review Articles and Other Writings:

Predictive Coding and the Proportionality Doctrine: a Marriage Made in Big Data, 26 Regent U. Law Review 1 (2014).

Mancia v. Mayflower Begins a Pilgrimage to the New World of Cooperation, 10 Sedona Conf. J. 377 (2009 Supp.).

Lawyers Behaving Badly, 60 Mercer L. Rev. 983 (Spring 2009).

HASH: The New Bates Stamp, 12 Journal of Technology Law & Policy 1 (June 2007).

Protecting Your Intellectual Property, Profit Magazine (IBM – 1992).

The Legal and Practical Protection of Computer Databases, Florida Bar Journal (1991).

The Meaning of De Novo Review in ERISA Law, Trial Advocate Quarterly (1991).

Bruch Creates Split in Circuits On Standard of ERISA Appellate Review, The National Law Journal (1991).
educational blog, 2006-present.

Losey Family & Justice Ginsberg at Supreme Court

Numerous speaking engagements on law and technology, including many at The Sedona Conference, too numerous to list (or keep track of), but Losey considers his most notable to be his presentation in Washington D.C. in 1996 to the International Alliance of Holistic Lawyers, of which he was a member. This was followed by a private reception at the U.S. Supreme Court attended by several Justices who were familiar with our work at IAHL, including Ruth Bader Ginsburg and Sandra Day O’Conner. Ralph’s second favorite was his presentation in 1997 to the Board of Governors of The Florida Bar and several members of the Florida Supreme Court, followed by leadership of a panel discussion on the topic of the Internet and High Technology in the Practice of Law.

Abridged list of what Ralph considers his most notable Accolades and Honors

Martindale-Hubbell AV

Best Lawyers in America since 2013 in four fields: Information Technology Law, Electronic Discovery and Information Management Law, Commercial Litigation, and Employment Litigation (Management).

Recognized and included in Super Lawyers since 2017.

Adjunct Professor of Law, 2008-2012, University of Florida College of Law, teaching Introduction to Electronic Discovery, Advanced eDiscovery Seminar, Online eDiscovery (online class he designed and created in 2010, which was the first accredited online class on any subject at the University of Florida College of Law).

National Institute of Standards and Technology, TREC Total Recall Track participant and team leader in 2015 and 2016 (demonstrated and measured the effectiveness of his method of information retrieval using artificial intelligence and other search techniques.

Legaltech News CIO Innovation Award 2015 Finalist.

First Place in the independently judged predictive coding document review competition in 2013 sponsored by EDI and Oracle. See EDI-Oracle Study: Humans Are Still Essential in E-Discovery (LTN Nov. 2013). Ralph was the only one-person team in the national event but prevailed against all ediscovery vendors and large review teams.

Who’s Who in American Law since 1985.

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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 an Arbitrator, Special Master, Mediator of Computer Law Disputes and Practicing Attorney, partner in LOSEY PLLC. Losey is a high tech law firm with three Loseys and a bunch of other cool lawyers. We handle projects, deals, IP of all kinds all over the world, plus litigation 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 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 ®