Posts Tagged ‘discovery_practice’
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- June 18th
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You Want me to Hold What?!
How many times have you participated in a conversation about a legal hold directive that starts with “You want me to hold what?” My guess is likely not enough. This was a hot topic at the eDJ Boot Camp on Legal Hold held in Atlanta earlier this month. It was also a point of discussion at the Today’s Executive Counsel Institute’s ‘The Exchange’ event last week in Chicago. It appears that “you want me to hold what?” is a common question. Yet, it is rarely asked out loud. Instead, the preservation order is followed as best as it can be interpreted. Following a preservation order is good, right? Right! BUT…too often there are gaps in the real scope, the scope laid out in the preservation order, and the message given to legal hold recipients. A breakdown in the legal hold [...]
posted at 11:53am on Jun 18th
- June 17th
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Will the Cloud Compound the Dark Data Syndrome?
My definition of Dark Data differs from Wikipedia:
“Data relevant to a discovery request that is either never disclosed or is produced without contextual information that could affect the interpretation of that data.”
My first interview on cloud sources as discovery targets turned up surprising frustration from the savvy eDiscovery Counsel for a national plaintiffs firm. I expected to hear about immature collection capabilities and defendant’s who struggled to preserve or collect from Office 365, SalesForce or other cloud systems. I did not expect that requesting parties might be completely in the dark about where a production comes from or how it was collected. eDJ’s consultants have had too many recent engagements supporting the evaluation or migration of email and files to the cloud to doubt the trend. Microsoft has been touting the rapid adoption of Office 365 with corporate and public sector verticals. Many corporations seem to have moved critical ESI to the cloud without a clear plan to meet eDiscovery and Information Governance requirements.posted at 10:30am on Jun 17th
- June 12th
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Clever is as clever does with avoiding e-discovery – InfoWorld (blog)
Clever is as clever does with avoiding e-discoveryInfoWorld (blog)For years, I've been the sort to tell folks how to ensure they meet regulatory compliance for their organizations through the use of archiving tools, journaling all email, and placin…
posted at 6:04am on Jun 12th
- June 11th
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New eDJ Research Initiative: Call To Participate
Indications are that eDiscovery solution purchases are about to become more strategic in nature. A decade ago, it was not uncommon to see non-competitive bids for eDiscovery business because so many purchases were reactive and made under intense time pressure. In the past several months, however, the inquiries from clients have become more intelligent and more specific – a sure sign that folks are getting ready to make more strategic investments in software and services.
posted at 12:52pm on Jun 11th
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E-discovery: Not as expensive as old habits – InsideCounsel
E-discovery: Not as expensive as old habitsInsideCounselThis fear of “missing documents” has been fueled in large part by disasters of custodian (witness) self-collection — few things lead to more trouble in e-discovery than custodians mucking ar…
posted at 1:39am on Jun 11th
- June 7th
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Court rejects challenge to use of key words for e-discovery search – Lexology (registration)
Court rejects challenge to use of key words for e-discovery searchLexology (registration)At the time of the plaintiffs' challenge, the defendant had spent over $1 million on e-discovery costs. The plaintiffs argued that the use of keyword searches …
posted at 7:32am on Jun 7th
- June 5th
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We Need Mediation In E-Discovery – Law360 (subscription)
We Need Mediation In E-DiscoveryLaw360 (subscription)Law360, New York (June 05, 2013, 12:46 PM ET) — As a practicing attorney, I have heard the word "mediation" cautiously whispered in the courthouse hallways. Attorneys and clients alike are…
posted at 1:04pm on Jun 5th
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E-discovery: Not as expensive as old habits
Delusions of the “good-old-days” may cause blindness to new methods and technologiesRemember “the good-old days,” when in retrospect the cost of document production was “modest” and of little object? Today, the litigation world is different…
posted at 10:14am on Jun 5th
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Asian Dawn for eDiscovery – Part 1
An area of great interest for me is international eDiscovery. I spent quite a bit of time in Europe in the mid-2000′s doing forensic collections and onsite projects as well as serving the first couple of years on the Sedona International Working Group (WG6). It was my experience that when dealing with data privacy issues in the EU, once we negotiated the model contract (after we included local counsel, of course), it was fairly easy to bring the data back to the United States and manage the workflow outlined by the EU governing bodies. I’m over-simplifying the process and legal issues, but at least there was a path defined in the EU. Amazingly, I have never worked on a project where I was required to go to Asia, but I have done numerous projects in my career with CJK languages [...]
posted at 9:00am on Jun 5th
- June 4th
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FRCP Amendments Could Change Discovery As We Know It – Law360 (subscription)
FRCP Amendments Could Change Discovery As We Know ItLaw360 (subscription)… 2013, 2:51 PM ET) — On June 3, the federal judiciary's Committee on Rules of Practice and Procedure (known as the “Standing Committee”) approved for publication propo…
posted at 2:54pm on Jun 4th
