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"Weiner, Paul"
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\Transparency,\ \Discovery-on-Discovery\ Type Disclosures, and Party-Opponent Validation in eDiscovery
[...]the interests of the clients and the cause of justice would be poorly served.\") . * Because under the American system, the producing party pays for its own discovery, it is entitled and best positioned to make decisions that implicate those costs to comply with its obligation to conduct a reasonable search and to facilitate proportional discovery. Accord Gordon v. Kaleida Health (W.D.N.Y. May, 2013) (refusing to compel predictive coding protocol where motion was premised on argument that \"cooperation\" required \"a negotiated ESI protocol\"). [...]tactics undermine Rule 1's goal of securing a case's just, speedy, and inexpensive determination. [...]level-of-cooperation\" provisions that provide balance could include the following: Conclusion While litigants may achieve benefits when they voluntarily engage in what Sedona defines as a \"second-level-of-cooperation\" to negotiate an eDiscovery protocol, because transparency, \"discovery-on-discovery\" type disclosures, and party-opponent validation are not required by the Rules or industry guidance, they should not be forced on any party under the guise of \"cooperation.\" [...]to achieve the full benefits of cooperation, negotiated eDiscovery protocols should always include balanced provisions, including those that address requestingparty obligations.
Journal Article
A Framework for Mutual Compliance with Amended Rule 34
In another ruling over a discovery dispute that was also issued after the amendments to Rule 34, a Louisiana federal judge, the Honorable Karen L. Hayes, reinforced the obligations on lawyers representing requesting parties under Rule 34 of the Federal Rules, obligations that did not change in the 2015 rule amendments: Despite the vagaries, I attempted mightily and in good faith to comply. Because my daughter's favorite toy is Elmo, I handed her Elmo. All parties on both sides of the lawsuit have obligations under Rule 34 and need to change their discovery \"form files\" to ensure * that a requesting party describes sought-after items with \"reasonable particularity,\" as Federal Rule of Civil Procedure 34(b)(1)(A) provides; and * that in response to a properly framed request (see the 2015 advisory committee note to Rule 34), a responding party states \"with specificity the grounds for objecting,\" identifies \"whether any responsive materials are being withheld on the basis of that objection,\" and completes its production \"no later than the time for inspection specified in the request or another reasonable time specified in the response.\"
Trade Publication Article
Molecular Mechanical Studies of DNA Flexibility: Coupled Backbone Torsion Angles and Base-Pair Openings
Molecular mechanics studies have been carried out on ``B-DNA-like'' structures of [d(C-G-C-G-A-A-T-T-C-G-C-G)]2and [d(A)]12· [d(T)]12. Each of the backbone torsion angles (ψ,φ,ω,ω′,φ′) has been ``forced'' to alternative values from the normal B-DNA values (g+, t, g-, g-, t conformations). Compensating torsion angle changes preserve most of the base stacking energy in the double helix. In a second part of the study, one purine N3--pyrimidine N1 distance at a time has been forced to a value of 6 angstrom in an attempt to simulate the base opening motions required to rationalize proton exchange data for DNA. When the 6- angstrom constraint is removed, many of the structures revert to the normal Watson--Crick hydrogen-bonded structure, but a number are trapped in structures ≈ 5 kcal/mol higher in energy than the starting B-DNA structure. The relative energy of these structures, some of which involve a non-Watson--Crick thymine C2(carbonyl)...adenine 6NH2hydrogen bond, are qualitatively consistent with the Δ H for a ``base pair-open state'' suggested by Mandal et al. of 4-6 kcal/mol [Mandal, C., Kallenbach, N. R. & Englander, S. W. (1979) J. Mol. Biol. 135, 391-411]. The picture of DNA flexibility emerging from this study depicts the backbone as undergoing rapid motion between local torsional minima on a nanosecond time scale. Backbone motion is mainly localized within a dinucleoside segment and generally not conformationally coupled along the chain or across the base pairs. Base motions are much smaller in magnitude than backbone motions. Base sliding allows imino N--H exchange, but it is localized, and only a small fraction of the N--H groups is exposed at any one time. Stacking and hydrogen bonding cause a rigid core of bases in the center of the molecule accounting for the hydrodynamic properties of DNA.
Journal Article
Electrostatic Potential Molecular Surfaces
Color-coded computer graphics representations of the electrostatic potentials of trypsin, trypsin-inhibitor, prealbumin and its thyroxine complex, fragments of double-helical DNA, and a netropsin-DNA complex illustrate the electrostatic and topographic complementarity in macromolecule-ligand interactions. This approach is powerful in revealing intermolecular specificity and shows promise of having predictive value in drug design.
Journal Article
The Abundancy Ratio, a Measure of Perfection
The concept of perfect numbers originated with the ancient Greeks. It has been conjectured that there are an infinite number of Mersenne primes, and hence an infinite number of even perfect numbers, but this conjecture remains one of the great unsolved problems of number theory.
Magazine Article