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May 13, 2023
Published by Michael Berman at May 13, 2023
Categories
This is a thank you to Kevin Spargo, Vice President of Computer Services Limited, and Navid Raoofian, President, Web interactive Technologies. My wife and I sponsored a Ukrainian family whose home and business were bombed and destroyed in Bakhmut. They arrived here about a week ago under a U.S. government program. I […]
April 28, 2023
Published by Michael Berman at April 28, 2023
Categories
When it comes to electronically stored information, Tom O’Connor is a national treasure. He has a wealth of litigation-related ESI experience, helped run the prestigious Georgetown E-Discovery Academy, lectures on recent cases and developments in the law, has published several books and blogs, and is a consultant. He has generously shared his […]
December 22, 2022
Published by Michael Berman at December 22, 2022
Categories
The voters of Maryland passed a Constitutional Amendment changing the name of the Court of Appeals of Maryland to the “Supreme Court of Maryland.” It also changed the name of the Court of Special Appeals to the “Appellate Court of Maryland.” The Standing Committee on Rules of Practice and Procedure issued a […]
November 21, 2022
Published by Michael Berman at November 21, 2022
Categories
A juror in an insurance coverage case described the impact of impeachment of the plaintiff using inconsistent deposition testimony. Dan Rodricks: Was it a hack or just a ride between friends? A Baltimore jury — with me on it — decides. | COMMENTARY – Baltimore Sun (Nov. 19, 2022). Plaintiffs, a mother […]
September 26, 2022
Published by Michael Berman at September 26, 2022
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A recent ABA article describes a court sanctioning a litigant for pouncing on “any little ambiguity” to obstruct discovery and delay production of “obviously responsive materials.” Debra Cassens Weiss, Judge criticizes [law firm name omitted] and [litigant’s name omitted] for alleged effort to ‘obstruct and delay’ discovery (abajournal.com) (Sep. 16, 2022). According […]
May 25, 2022
Published by Michael Berman at May 25, 2022
Categories
In Part I of this series, I quoted Judge Facciola’s observation that The Hon. Shira A. Scheindlin’s 1999 law review article sparked a revolution. However, Judge Scheindlin’s subsequent Zubulake decisions were also pivotal. Everyone practicing law at that time heard of them. Zubulake was a series of cases. Zubulake v. UBS Warburg, […]
May 18, 2022
Published by Michael Berman at May 18, 2022
Categories
“The Checklist Manifesto: How to Get Things Right,” by Atul Gawande, M.D.,[1] is a fascinating analysis of the history and uses of checklists. In a nutshell, the thesis is that there are many areas where we have sufficient knowledge to solve problems; however, we fail to apply it correctly. “Getting the steps […]
April 28, 2022
Published by Michael Berman at April 28, 2022
Categories
Metadata has been embraced, loved, cursed, and vilified. It has been written about in inconsistent ethics opinions about “mining.” Failure to preserve or produce it has led to the imposition of sanctions in litigation. It has been “scrubbed,”[1] sliced, diced, defined, and classified as application or system metadata and system-generated or user-created.[2] […]
February 18, 2021
Published by Michael Berman at February 18, 2021
Categories
“Ray Tomlinson is quoted as saying he invented email, ‘Mostly because it seemed like a neat idea.’ No one was asking for email.” M. Bellis, “The History of Email” (ThoughtCo. Aug. 4, 2017).
February 17, 2021
Published by Michael Berman at February 17, 2021
Categories
It is often amazing how little we know of the history of everyday devices. Who invented the telephone? We all know the answer. What about the mouse that is sitting next to your hand right now? The mouse was invented by Douglas Engelbart. J. Freeman, The Tyranny of E-Mail: The Four-Thousand Year […]
February 16, 2021
Published by Michael Berman at February 16, 2021
Categories
Every day, we use computers and drive cars with no knowledge of what makes them tick. Consider the humble “@” sign. How many times did you use it today? “Ray Tomlinson chose the @ symbol to tell which user was ‘at’ what computer. The @ goes in between the user’s login name […]
February 14, 2021
Published by Michael Berman at February 14, 2021
Categories
On May 24, 1844, Samuel Morse sent a telegraph message and famously asked: “What hath G-d wrought?” Do you know who sent the first email or the message it conveyed? In 1971, Ray Tomlinson sent the first email message. It was “QWERTYUIOP.” M. Bellis, “The History of Email” (ThoughtCo. Aug. 4, 2017). […]
February 13, 2021
Published by Michael Berman at February 13, 2021
Categories
In the 1840’s, the telegraph was used to play board games between towns. See M. Berman, et al., eds., “Managing E-Discovery and ESI: From Pre-Litigation Through Trial” (ABA 2011), 753, citing Standage, “The Victorian Internet” (Walker & Co. 1998, 2007). “Bored and lonely [telegraph] operators would also play checkers over the wires, […]
February 11, 2021
Published by Michael Berman at February 11, 2021
Categories
Today, you can get married on Zoom. But nothing’s new. The first online wedding took place by telegraph in the 1800’s. See M. Berman, et al., eds., “Managing E-Discovery and ESI: From Pre-Litigation Through Trial” (ABA 2011), 753, citing Standage, “The Victorian Internet” (Walker & Co. 1998, 2007), 127-28. Standage describes a […]