| | |
e-Discovery
Producting ESI: Taking the Pains Out of Production, by
Julie Brown.
Article discusses typical pain points in ESI discovery and how to address proactively.
Non-Specific.
6 pages. Written:
2009. Added:
1-15-2010.
Litigation Support today
|
|
e-Discovery
Project Management in eDiscovery, by
Browning Marean.
The presentation breifs on following points:
Conduct litigation hold strategy meeting
Determine scope of hold
Determine recipients of hold
Coordinate with HR re incoming/departing employees subject to hold
Determine if third parties have relevant data
Determine if computer forensics implicated
Non-Specific.
17 pages. Written:
2008. Added:
8-30-2009.
Anacomp
|
|
e-Discovery
Lifting the Burden of E-Discovery, by
Jim McGann .
As methods of electronic communication continue to grow and expand, organizations have come to realize the importance of protecting saved data. To facilitate this, IT departments have implemented backup recovery solutions, usually in the form of tapes that are stored offsite for safekeeping.
Non-Specific.
1 pages. Written:
2008. Added:
7-20-2009.
iltanet.org
|
|
e-Discovery
Considering Meet and Confer, by
Orange Legal Technologies.
Provides both a general overview of Federal Rule of Civil Procedure 26(f) and planning considerations for the practical application of “Meet and Confer” requirements, “Considering Meet and Confer” contains notes, articles and references to help educate and support legal, litigation support and information technology professionals as they consider “Meet and Confer”.
Federal.
44 pages. Written:
2009. Added:
7-01-2009.
Firm Publication
|
|
e-Discovery
Technology Tips for Reducing EDD Review Costs, by
William E. Mooz, Jr..
Both case law and recent changes to the Federal Rules of Civil Procedure make clear that electronic data is fair game in discovery and impose strict requirements around its preservation and production. The largest component of EDD costs by far is attorney review. Analysts estimate that corporations spend between $10 billion and $15 billion per year on attorney review, and many corporate legal departments report that attorney review of electronic data now represents the single largest line item on their budgets.
Non-Specific.
3 pages. Written:
2007. Added:
6-29-2009.
LJN’s Legal Tech Newsletter
|
|
Evidence
Authenticating Digital Evidence, by
Stephen Mason.
Proving the authenticity of records initially concerned the integrity of paper-based records, but today it includes records in digital format used in e-discovery. Several factors must be taken into account when laying the evidential foundations for submitting evidence in digital format into U.S. courts.
Non-Specific.
1 pages. Written:
2008. Added:
6-22-2009.
iltanet.org
|
|
e-Discovery
The Cloud: Tomorrow's EDD Challenge, by
Nolan M. Goldberg and Sharada Devarasetty.
There is inherent risk in relying on the expertise, manpower, and collection and preservation tools of a third party to achieve a task, where the consequences of failure may be significant, particularly when the third party is not under the same litigation-driven pressures. Cloud computing represents a departure from traditional IT models with an as yet unclear e-discovery impact. Understanding the issues raised by this emerging trend, even in the absence of all of the answers, allows us as lawyers to advise our clients how to best manage the risks inherent in these projects.
Non-Specific.
3 pages. Written:
2009. Added:
6-07-2009.
Law.com > Legal Technology > Software
|
|
e-Discovery
e-Discovery & Preservation Obligations - Getting Ahead of the Game!, by
Mary Mack, Esq.
Legal holds and preservation are the hot topic at most of the electronic discovery conferences these days. When faced with anticipated or pending litigation or government investigations, corporations have an obligation to preserve potentially relevant evidence, specifically preventing spoliation or the willful or inadvertent destruction or alteration of relevant documents.
Non-Specific.
4 pages. Written:
2009. Added:
6-03-2009.
FindLaw.com
|
|
e-Discovery
Considering Meet and Confer? The Practical Application of Federal Rule 26(f), by
Rob Robinson.
An overview of the practical application of Federal Rule 26(f), including understanding the meet and confer, electronically stored information, electronic discovery tasks, meet and confer tasks, and translating understanding into execution
Federal.
38 pages. Written:
2009. Added:
6-01-2009.
Orange Technologies
|
|
e-Discovery
e-Discovery & Preservation Obligations - Getting Ahead of the Game!, by
Mary Mack, Esq.
Legal holds and preservation are the hot topic at most of the electronic discovery conferences these days. When faced with anticipated or pending litigation or government investigations, corporations have an obligation to preserve potentially relevant evidence, specifically preventing spoliation or the willful or inadvertent destruction or alteration of relevant documents.
Non-Specific.
4 pages. Written:
2009. Added:
5-31-2009.
FindLaw.com
|
|
e-Discovery
E-Discovery Update: Revisiting ESI Agreements and Court Orders, by
Conrad J. Jacoby.
Assessing the Significance of In re Fannie Mae is a reminder that quality of lawyering can make or break a case. In re Fannie Mae should remind practitioners yet again that unqualified representations and statements in e-discovery practice are a poor strategy—and that it can be difficult if not impossible to recover from such hard and fast positions once they have been asserted.
Non-Specific.
2 pages. Written:
2009. Added:
5-29-2009.
LLRX.com
|
|
e-Discovery
Listen Up and Discover Audio Recordings, by
By Michael Swarz.
Audio recordings are now clearly part of the ESI environment. As a result, they are now naturally subject to the same production and preservation requisites as other forms of ESI. IT professionals must develop and efficiently implement procedures that will be able to pinpoint, review and produce sound files upon request. These maneuvers will enable their company to wade effectively through the previously uncharted ESI waters that are: Audio e-discovery
Non-Specific.
4 pages. Written:
2009. Added:
5-15-2009.
Law.com
|
|
Alternative Dispute Resolution
Mixing International Arbitration With U.S. Discovery, by
Michael G. Biggers.
A United States court decision highlights the opportunities and pitfalls associated with the potential use of U.S.-style discovery and e-discovery to obtain materials for use in international arbitrations. This represents an additional subject to be considered both in advising foreign clients as to drafting clauses agreeing to international arbitration and in conducting such arbitrations.
Non-Specific.
4 pages. Written:
2009. Added:
5-12-2009.
Law.com
|
|
e-Discovery
Understanding the Limitations of Keyword Search, by
Conrad J. Jacoby.
Keyword search remains an important starting point for most document review projects and for legal professionals who must quickly get an approximate sense
of the potentially relevant documents within a collection. Increasingly, however, keyword search must be viewed as only one of several tools for identifying
relevant documents. Relying exclusively on keyword search, especially in light of
new tools and increasingly educated judges and opponents, runs the risk of
mismanaging a key part of litigation fact discovery to the grave detriment of the
client.
Non-Specific.
5 pages. Written:
2009. Added:
5-02-2009.
Web Site
|
|
e-Discovery
Corporations of All Sizes Bringing E-Discovery Processing In-house, by
Dan Regard and Robert Childress.
Corporations are seeking ways to simplify the electronic
discovery process, lower their costs, and apply
their internal technology and staff to long-term, predictable
problems. But legal needs vary among corporations.
Your decision whether to outsource or to conduct
e-discovery in-house should be based on your unique
situation—your internal resources and litigation needs.
Non-Specific.
3 pages. Written:
2009. Added:
4-05-2009.
BNA
|
|
Litigation Support
10 Steps to Manage E-Discovery Projects, by
Steven C. Bennett and Marla S.K. Bergman.
Like it or not, lawyers involved in e-discovery matters must become project managers. In addition to advising and representing clients, they must help clients select and supervise vendors of e-discovery services (from simple photocopying, to forensic analysis, to data retrieval and production, to expert testimony on the adequacy of e-discovery efforts). This article outlines 10 key steps in a typical e-discovery project, suggesting ways that lawyers can help ensure that such projects proceed successfully.
Non-Specific.
3 pages. Written:
2009. Added:
3-16-2009.
New York Law Journal
|
|
e-Discovery
Case Law Restrictions on the Use of Full Text Searching, by
Joe Howie.
Courts are taking a closer look at how full text searching is used in litigation support. Parties who use full text searching as part of their production methodology ought to, at the very least, document the terms that were used. Parties using full text searching to identify privileged records ought to use statistical sampling to examine the unselected records as a reasonable measure to validate the effectiveness of the full text searches.
Federal.
3 pages. Written:
2009. Added:
3-09-2009.
ALSP Update
|
|
e-Discovery
D.C. Circuit Delivers High-Cost EDD Lesson, by
H. Christopher Boehning and Daniel J. Toal.
A recent decision from the U.S. Court of Appeals for the District of Columbia Circuit affirms an order requiring a nonparty to spend $6 million (9 percent of its annual operating budget) to comply with an e-discovery subpoena. Litigators overseeing discovery know they must assess a client's documents, and particularly a client's electronic documents, at the outset of discovery. Estimating the resources necessary to collect and produce electronically stored information is a vital role of counsel today. Without such advance knowledge, lawyers may be blindsided by unexpected burdens and time pressure in the production process.
Federal.
4 pages. Written:
2009. Added:
2-26-2009.
New York Law Journal
|
|
e-Discovery
Should You Go Native?, by
Ralph Losey.
Should you go native? My view remains a emphatic yes! The reason is simple: native is usually the most efficient and costs effective manner for ESI review and production. Usually the best, but not always. The colonialists are right, there are still many obstacles to full native review of all types of ESI in all circumstances, but these obstacles can be overcome with better technology and collaboration.
Federal.
6 pages. Written:
2009. Added:
2-20-2009.
e-Discovery Team Blog
|
|
e-Discovery
Default Judgment: The Ultimate Sanction For Spoliation, by
Kramer Levin.
Sanctions that courts may impose for spoliation of evidence
are well-documented, and range from costs and attorneys’
fees to adverse inference jury instructions. But the ultimate
spoliation sanction is the award of a default judgment against
the spoliating party.
Federal.
5 pages. Written:
2008. Added:
2-13-2009.
Kramer Levin
|
|
e-Discovery
A Survey of Sanctions Awarded for E-Discovery Violations, by
David A. Kotler.
E-discovery is here to stay, and the e-discovery
sanctions opinions that continue to come out
sound a warning that litigators would do well to
heed: Become an expert on the technical aspects
of e-discovery, become an expert on your client’s
IT infrastructure and document retention practices,
and be careful not to make mistakes that
will prejudice the opposing party.
Federal.
3 pages. Written:
2008. Added:
2-11-2009.
Journal of the Trial Evidence Committee
|
|
e-Discovery
Minimizing the Risk That E-Discovery Failures Will Create Corporate Liability, by
Kirby Behre and Mark Koehn.
Judicial tolerance for shortcomings in e-discovery is on
the decline, and litigants, their counsel and e-discovery
vendors are facing direct liability for such failures. As a
result, sensibly managing e-discovery is critical not only
to success in the underlying litigation but to minimizing
the possibility that e-discovery failures will become a
source of liability in and of themselves.
Federal.
5 pages. Written:
2008. Added:
2-11-2009.
Law.com
|
|
e-Discovery
Conceptual Search in Electronic Discovery, by
Herbert L. Roitblat, Ph.D..
Automated tools to help identify responsive and privileged documents are being used more and more as the only viable way to manage these massive volumes of information. Electronic Discovery professionals have been looking for ways to limit the number of documents that need to be reviewed, because review is usually the most expensive part of eDiscovery. Most commonly, these methods revolve around some kind of content search to distinguish those documents that are potentially responsive from those that are not. Content search also has the potential to make document review itself more efficient and effective, further reducing the burden.
Non-Specific.
8 pages. Written:
2009. Added:
2-11-2009.
Web Site
|
|
e-Discovery
Case Law Update, by
Fios.
Update includes form of production, discovery sanctions and bad faith, spoliation, possession, custody and control and outsourcing.
Non-Specific.
10 pages. Written:
2008. Added:
2-11-2009.
Fios
|
|
e-Discovery
Conceptual Search in Electronic Discovery, by
Herbert L. Roitblat, Ph.D..
Automated tools to help identify responsive and privileged documents are being used
more and more as the only viable way to manage these massive volumes of information. Electronic Discovery professionals
have been looking for ways to limit the number of documents that need to be reviewed, because review is usually the most
expensive part of eDiscovery. Most commonly, these methods revolve around some kind of content search to distinguish
those documents that are potentially responsive from those that are not. Content search also has the potential to make document review itself more efficient and effective, further reducing the burden.
Non-Specific.
8 pages. Written:
2009. Added:
2-11-2009.
Web Site
|
|
e-Discovery
Managing e-Discovery And Avoiding Sanctions Under The FRCP Amendments, by
Brad Harris.
Since the amendments to the Federal
Rules of Civil Procedure (FRCP) in December 2006 (and even
before), the number one change has been an increased level of uncertainty
and the fear of what might happen if
changes are not made to how companies
respond to e-discovery.
Federal.
1 pages. Written:
2008. Added:
2-11-2009.
Metropolitan Corporate Counsel
|
|
e-Discovery
The “Zubulake Duty” Challenge and the e-Discovery Team Solution, by
Ralph C. Losey.
United States District Court Judge Shira A. Scheindlin, one of the leading jurists
in the field of electronic discovery, contends that all attorneys who litigate have
an affirmative duty to understand their clients’ computer systems sufficiently to
know where potential electronic evidence is stored, or affiliate with an attorney
who does. Judge Scheindlin even specifies how she expects outside counsel to
fulfill that duty. She requires them to speak directly with the key players in a
lawsuit about their computer files and other electronic documents and to speak
directly with their clients’ IT personnel about their data retention architecture. This
duty presents a challenge of epic proportions to most attorneys litigating cases
today.
Non-Specific.
11 pages. Written:
2008. Added:
2-11-2009.
DiscovertheWave
|
|
e-Discovery
Time, Risk and Cost in eDiscovery, by
Bret Laughlin and Ronda Raymond.
Balancing time, risk, and cost in the conduct of electronic discovery continues to be one of the greatest challenges faced by
legal professionals today. Technology advances, laws which further define electronically stored information (ESI), and
current economic conditions all serve to increase both the importance and complexity of meeting this challenge of “balance”.
With this balance in mind, how does one best approach the conduct of the key electronic discovery tasks of evaluating
(analytics), processing, and reviewing ESI in preparation for use discovery and possible litigation? To get to the answer of the
best approach, it seems reasonable that one would first define the issues that make time, risk and cost important and then
view these factors through the lens of the typical approaches used in the conduct of electronic discovery today.
Non-Specific.
9 pages. Written:
2009. Added:
2-11-2009.
Web Site
|
|
e-Discovery
State E-Discovery Rulemaking after the 2006 Federal Amendments: An Update and Evaluation, by
Thomas Y. Allman.
Survey of state e-discovery rulemaking.
Non-Specific.
17 pages. Written:
2008. Added:
1-18-2009.
Colloquium on the Future of Commercial Litigation in New York
|
|
e-Discovery
Navigating in the Brave New World of E-Discovery: Ethics, Sanctions and Spoliation, by
Allison O. Van Laningham.
Electronic discovery poses a variety of
potential ethical and litigation issues for attorneys. With the new federal rules governing ediscovery
and the continuing evolution of technology, lawyers and their clients must remain
informed of new developments to ensure that ethical and litigation requirements are met
in each case.
Federal.
20 pages. Written:
2007. Added:
1-18-2009.
FDCC Quarterly
|
|
Civil Pre-Trial
Best Practice Tips for A Successful Document Review, by
Jacques Nack Ngue.
Discusses best practices for document review and e-discovery, including selecting the best technology, meaningful quality control protocols, mapping the workflow, and more.
Non-Specific.
2 pages. Written:
2009. Added:
1-13-2009.
Lititgation Support Today
|
|
e-Discovery
Qualcomm v. Broadcom: Lessons for Counsel and a Road Map to E-Discovery Preparedness, by
Gregory D. Shelton.
The Qualcomm case is an extraordinary example of attorneys mishandling electronically stored information.
The events in the litigation and the court’s innovative
sanction provide strong lessons and strategies for litigation preparedness in dealing with electronically stored information.
Non-Specific.
20 pages. Written:
2008. Added:
1-12-2009.
ctsummation.com
|
|
Alternative Dispute Resolution
Arbitration's E-Discovery Conundrum: Dealing with complex evidence problems in a streamlined process, by
Thomas L. Aldrich.
New arbitration protocols and guidelines seek to change the e-discovery landscape by narrowing the focus, providing a balancing test and shifting the burden to the requesting party to demonstrate that the need for disclosure outweighs the cost and burden of disclosure. Thus, the protocols seek to recapture the traditional benefits of arbitration -- speed, efficiency and cost saving -- while preserving fundamental fairness.
Non-Specific.
3 pages. Written:
2008. Added:
12-25-2008.
The National Law Journal
|
|
e-Discovery
The Mining of Metadata: Navigating the hidden ethical dangers of discovering hidden information in electronic documents, by
James T. Yand.
This split of authority between the ABA and the various state bar opinions leaves attorneys in the uncertain position of how to address the review of metadata, depending on in what state they have their office or from what state the e-mail may have been originated. The lack of a bright-line rule may leave you uncertain on your ethical limitations if you elect to engage in the mining for metadata from an opposing party, especially in states where the state bar has yet to speak on the issue.
Non-Specific.
4 pages. Written:
2008. Added:
12-23-2008.
Washington State Bar News
|
|
e-Discovery
Overview - "Form or Forms" of Electronic Discovery, by
Michael Arkfeld .
Set out below are a proposed set of terms to clarify the questions raised by the “form or forms” reference under Rule 26(f) and Rule 34 of the FRCP. These terms can be freely used by attorneys and other legal professionals as a "common glosssary" with opposing counsel to discuss the "form" of disclosure of ESI.
Federal.
4 pages. Written:
2008. Added:
12-23-2008.
eLaw Exchange
|
|
Litigation Support
Managing an Online Document Review, by
Peter McLaughlin .
There are eight key steps legal teams should undertake to successfully manage on online document review. More often then not, however, document reviews are fraught with problems and can expose corporations and their outside counsel to risk of sanctions. Additionally, they can waste time and money without properly controlling the quality of the review process. While there will always be problems with which to contend, following the steps below (listed here and elaborated in the remainder of the article), will result in a well-managed document review.
Non-Specific.
2 pages. Written:
2006. Added:
12-13-2008.
e-Discovery Advisor
|
|
Litigation Support
The Dirty Secret of Document Review, by
Peter McLaughlin .
Most bad review calls are understandable mistakes. Lengthy memos, vast spreadsheets or extended e-mail message threads make it difficult for reviewers to decide on relevance, privilege and responsiveness to certain issues. On the other end of the spectrum, however, inattentiveness and sloppiness are usually the culprits.
Attorney teams can take seven steps to help catch inconsistencies or incompleteness in document review, and reduce risk while improving the quality of the output.
Non-Specific.
1 pages. Written:
2007. Added:
12-13-2008.
e-Discovery Law & Strategy
|
|
e-Discovery
A Criminal’s View to Hiding Electronic Data, by
Fios.
It might seem strange that a person who works in the electronic discovery business would ever write from the point of view of a criminal, but after seeing some of the decisions made by attorneys, the courts and others in this business, adopting the criminal mindset might help us uncover some of the common mistakes made during e-discovery – and attempt to right them so they can be avoided in the future.
Non-Specific.
1 pages. Written:
2008. Added:
12-13-2008.
fiosinc.com
|
|
e-Discovery
The Judicial Mandate for Early Case Assessment and Cooperation: Mancia v. Mayflower Textile Services Co., by
Fios.
Oklahoma Western District Judge Wayne Alley's words, written in the "BDD" era (1989, "before data deluge") have recently been elevated to a call for action by Magistrate Judge Paul Grimm (D. Md.), who cited them in his opinion in Mancia v. Mayflower Textile Services Co., 2008 WL 4595175 (D. Md. Oct. 15, 2008). The Federal Rules of Civil Procedure, he wrote, require counsel to actively cooperate on the parameters of ESI discovery demands and responses. The theme of the decision is that cooperation between counsel is not just a courtesy, but a requirement of the Federal Rules of Civil Procedure. Fed. R. Civ. P. 26(g) requires that discovery demands and responses be made only "after reasonable inquiry."
Federal.
2 pages. Written:
2008. Added:
12-11-2008.
Fios Website
|
|
e-Discovery
New Rule 502: A Little Help Is Better Than None, by
Lawrence J. Fox.
Make no mistake about it. For every lawyer who ever feared sending privileged communications to a non-privileged person -- in particular the other side -- the president's recent signature on an amendment to Federal Rule of Evidence 502 is a godsend.
Non-Specific.
1 pages. Written:
2008. Added:
12-10-2008.
The Legal Intelligencer
|
|
e-Discovery
Commentary on Preservation, Management and Identification of Sources of Information that are Not Reasonably Accessible, by
Thomas Y. Allman, William P. Butterfield, Matthew Hagarty, Cecil A. Lynn III, Jon A. Neiditz, Maureen O’Neill, Ira P. Rothken.
The central dilemma of preservation planning in the absence of the opportunity to discuss discovery requests or reach prior agreement among the parties is predicting exactly which sources of information may actually be
discoverable in a given case. No bright-lines exist.2 The primary duty is to make reasonable assessments in good
faith. To assist litigants and the courts, we have developed the following Guidelines that summarize our
recommendations for making those assessments.4 The Guidelines also discuss how parties may “identify”
inaccessible sources that will not be preserved and emphasize the value of cooperative efforts to reach agreements
on preservation topics in dispute that reflect the unique demands of each case.
Federal.
22 pages. Written:
2008. Added:
12-09-2008.
The Sedona Conference
|
|
e-Discovery
A Reasonable Route to ESI Confidentiality, by
H. Christopher Boehning and Daniel J. Toal.
In Containment Technologies Group Inc. v. American Society of Health System Pharmacists, No. 07 Civ. 997, 2008 WL 4545310 (S.D. Ind. Oct. 10, 2008), the plaintiff claimed that an article written and published by the defendants, which compared an "aseptic isolator" medical device manufactured by the plaintiff with competing products, was defamatory. More importantly, Containment Technologies reaffirms the importance of collaboration in coping with the modern ESI-laden discovery process, instructing counsel to confer about any disputed confidentiality designations.
Non-Specific.
1 pages. Written:
2008. Added:
12-08-2008.
New York Law Journal
|
|
e-Discovery
Coming to Terms on Mining Metadata, by
Norman C. Simon.
Bar associations are very much divided, however, on the question of whether, outside of the discovery context, a receiving attorney may review metadata that is not stripped from an adversary's documents. This split is illustrated by two recent opinions -- from the New York County Lawyers' Association and the Colorado State Bar Association -- that provide conflicting answers.
Non-Specific.
1 pages. Written:
2008. Added:
12-08-2008.
New York Law Journal
|
|
e-Discovery
Collecting Personal Data for E-Discovery, by
Brad Harris.
A huge component of e-discovery relates to electronic files that are created and stored every day by employees' e-mails, word documents, spreadsheets, presentations and more. Oftentimes, it is inadvertent spoliation or omission of such files in discovery that results in undesired sanctions and even default judgments. Thus, developing sound methodologies for identifying, preserving, and collecting files from personal data repositories is a key component of being litigation ready.
Non-Specific.
1 pages. Written:
2007. Added:
11-29-2008.
Computer Technology Review
|
|
e-Discovery
10 Steps to Creating Defensible, Living ESI Content Maps, by
Brad Harris.
Developing a living ESI content map that can grow and change with an organization requires capturing details about how potentially relevant ESI is used, stored, preserved and accessed for a specific matter or, more commonly, across the organization's entire litigation portfolio. While this might seem overwhelming for organizations faced with hundreds or thousands of cases annually, it's a very doable process that needs to start now. This article provides 10 practical steps to make this happen.
Non-Specific.
1 pages. Written:
2007. Added:
11-29-2008.
New Jersey Lawyer
|
|
Litigation Support
Avoiding Common Collection Blunders: A Little Planning, and Foresight, Go a Long Way, by
Karl Flusche.
Eectronic discovery is filled with pitfalls and mistakes that can be avoided with proper planning and preparation. One area that can have the greatest impact on the defensibility and the cost of e-discovery is evidence collection. Following are some common mistakes often encountered in e-discovery — and some advice on how to avoid them.
Non-Specific.
1 pages. Written:
2007. Added:
11-29-2008.
e-Discovery Law & Strategy
|
|
Litigation Support
Minimizing Mistakes and Costly Errors of Document Review, by
Peter McLaughlin.
There are seven steps attorney teams can implement to help them catch inconsistencies or incompleteness during document review, thus reducing risk and improving the quality of the output as follows:
Conduct case training
Create case documentation
Design the review workflow
Choose good technology
Create good documentation on using review tool
Implement substantive quality control procedures
Implement technical quality control procedures
Non-Specific.
1 pages. Written:
2007. Added:
11-29-2008.
e-Discovery Advisor
|
|
Litigation Support
The Future of Search in e-Discovery - What IT Needs to Know about the State of the Law, by
Kelly R. Young.
The practice of “search” as part of electronic discovery is evolving before our eyes. Keyword search, the legal profession’s preferred method for sifting through large collections of electronically stored information (“ESI”) in order to find relevant or privileged information, had been widely accepted by courts and the legal community because its effectiveness was assumed and unchallenged. That may explain why it is so difficult for the legal profession to give up the keyword search approach.
Non-Specific.
2 pages. Written:
2008. Added:
11-21-2008.
LJN’s Legal Tech Newsletter
|
|
e-Discovery
The Litigation Hold: Why You Don’t Have to Hold Everything , by
W. Lawrence Wescott II and Randolph A. Kahn.
The duty to preserve documents arises when the company recognizes or anticipates the threat of litigation, audit or investigation. The usual circumstances might be a lawyer’s letter, notice of a lawsuit or investigation or something else. With changes in the laws such as SOX, Federal Rules of Civil Procedure and cases like Andersen, some lawyers ensure that preservation happens at an earlier point in time. This article gives the steps taken by enterprise to preserve the data
Non-Specific.
1 pages. Written:
2008. Added:
11-21-2008.
Computer Technology Review
|
|
e-Discovery
Technology Tips for Reducing EDD Review Costs, by
William E. Mooz, Jr..
Both case law and recent changes to the Federal Rules of Civil Procedure make clear that electronic data is fair game in discovery and impose strict requirements around its preservation and production. Litigants that fail to preserve or produce enough data risk potentially draconian sanctions that can include findings of spoliation and adverse inferences. The net result is that electronic data discovery (EDD) has increased the cost of litigation significantly.
Non-Specific.
3 pages. Written:
2008. Added:
11-14-2008.
Legal Tech Newsletter
|
|
|