Skye Perryman (she/her)

This article analyzes the evolution of the disparate impact doctrine since the Court's Inclusive Communities decision, with a particular focus on how the decision appears to be affecting enforcement cases brought by the Consumer Financial Protection Bureau.

Recent trends limiting the ability of prevailing parties to recover litigation costs associated with electronic discovery in post-trial proceedings should not leave defendants without hope. Indeed, the Federal Rules of Civil Procedure provide mechanisms in the pre-trial, discovery phase of litigation that may yield opportunities for defendants to shift discovery costs early on. This article explores the mechanisms available for cost-shifting under Rules 26 and 37, which govern
the discovery… Show more

Recent trends limiting the ability of prevailing parties to recover litigation costs associated with electronic discovery in post-trial proceedings should not leave defendants without hope. Indeed, the Federal Rules of Civil Procedure provide mechanisms in the pre-trial, discovery phase of litigation that may yield opportunities for defendants to shift discovery costs early on. This article explores the mechanisms available for cost-shifting under Rules 26 and 37, which govern
the discovery phase of litigation and Rule 54, which concerns post-trial proceedings. We conclude that new developments suggest that a renewed focus on strategic planning and motions practice aimed at cost-shifting during the discovery phase of civil litigation is prudent for corporate defendants looking to shift costs. Show less

Portable Electronic Devices (PEDs) -- such as BlackBerrys, iPads, and smart phones -- are crucial in modern business communication. It is now common for corporate communications to occur via these devices, as opposed to face to face meetings or e-mails from desktop computers. The proliferation of PEDs raises several issues for the preservation and collection of electronic data in litigation and investigations required under the Federal Rules of Civil Procedure and state equivalents. Ensuring… Show more

Portable Electronic Devices (PEDs) -- such as BlackBerrys, iPads, and smart phones -- are crucial in modern business communication. It is now common for corporate communications to occur via these devices, as opposed to face to face meetings or e-mails from desktop computers. The proliferation of PEDs raises several issues for the preservation and collection of electronic data in litigation and investigations required under the Federal Rules of Civil Procedure and state equivalents. Ensuring best practices relating to information stored on PEDs will become even more critical as the use of such devices expands. Show less

Predictive coding promises more efficient e- discovery reviews, with significant cost savings, to combat the inflationary growth of electronically stored information (ESI). Should you consider using it? This article discusses whether predictive coding is a game changer or simply another tool in the e-discovery arsenal. We also note factors to consider when assessing whether predictive coding could be helpful for your next case.

The US Patent Act provides for damages to compensate for infringement that are to be no less than a ‘reasonable royalty’, or the amount that a willing licensor and licensee would
agree as a result of a hypothetical licence negotiation at the time of infringement. To determine the value that would be arrived at
in the hypothetical negotiation, courts can consider a variety of factors, including the value of existing licences and the value of the invention in the market.

Discussion of district court's decision in Southeastern Mechanical Services Inc. v. Brody, No. 8:08-CV-1151, 2009 WL 2883057 (M.D. Fla. Aug. 31, 2009) and the corresponding implications for e-discovery.

Recent developments in mail and wire fraud. Available at: 43 Am. Crim. L. Rev. 715 (2006)

As in-house counsel know all too well, the costs of electronic discovery have skyrocketed in recent years as the amount of data that organizations create, receive and store has increased exponentially. Yet even as e-discovery has become more expensive, legal departments are being challenged to rein in their costs.