Posts Tagged ‘preservation’
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- January 24th
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Reduce Over-Preservation: One Of Many Uses Of Technology
The Editor interviews Howard Sklar, Senior Counsel, Recommind Inc. Editor: As we enter 2012, what should law firms and corporations be looking out for? Sklar: There are going to be several drivers of both corporate and law firm action, and certainly on…
posted at 7:09am on Jan 24th
- January 10th
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Dodging a Bullet (For Now): No Harm, No Foul for Data Destruction
Check out “The Risks of Failing to Preserve Patent Prosecution Files,” an article I wrote for LTN’s website. It discusses a unique patent litigation remedy for spoliation claims. In Metso Minerals, Inc. v. Powerscreen International Dist., Ltd, the pla…
posted at 12:56pm on Jan 10th
- January 3rd
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Formal Legal Hold policies and process are not optional – even for “informal” information
“Here, a fine against [the company] serves the dual purposes of deterrence and punishment . . . Because [those responsible for spoliation] are the sole principals of [the company], a fine directed at [the company] will affect them directly.” Passlogix, Inc. v. 2FA Tech[i] What Happened? A partnership between two businesses failed, and litigation ensued. [...]
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posted at 1:00pm on Jan 3rd
- December 27th
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Practical QC in eDiscovery
One key element for transforming your eDiscovery from an ad hoc reactive fire drill into a mature, proactive business process is the development and implementation of formal Quality Assurance(QA) and Quality Control(QC). I have always viewed QA as tackling ongoing process improvement such as regular cross case comparisons, while QC tends to be checking on did the process perform properly. Basically, how can we make the process better versus did everything work right? When interviewing corporate client eDiscovery teams, everyone is conscious of the need for QA/QC, but the vast majority seem to feel that it is impractical or unrealistic given their tight deadlines, lack of resources and typical fire-fighter mentality. Some law firm clients have swung to the opposite extreme, with elaborate workflow, check lists, physical chain of custody forms and more. Their QC has grown out of reasonable proportion and their productivity suffers because their overall QA has been neglected. So how do we achieve a reasonable quality process without bringing the legal process to a halt?
posted at 10:02am on Dec 27th
- December 21st
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More Perspective Needed On eDiscovery Burden Argument?
At eDJ, we’ve been thinking a lot about the recent Congressional Hearing on The Costs and Burdens of Civil Discovery. Being deeply involved in the eDiscovery market, we hear every day from companies seeking to make discovery a more efficient process. We also work with companies seeking to put in place proactive information governance (IG) initiatives with the ultimate goal of making eDiscovery less of a reactive, expensive burden.
posted at 11:25am on Dec 21st
- December 20th
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More on the Preservation Discussion: It Still Comes Down to Cooperation
There has been a significant amount of discussion, both formal and informal, surrounding whether the Federal Rules of Civil Procedure should be amended as to preservation and sanctions. Some believe that the time is not yet ripe, while others have presented arguments to the contrary. There is, however, one common theme in the debates, blogs, papers and meetings: cooperation.
posted at 9:58am on Dec 20th
- December 19th
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Plaintiffs Have Their Own Duty to Preserve
While the focus of is often on the defendant’s information technology systems and data sources, litigants should not lose sight of the fact that … appropriate search for ); Qualcomm Inc …
posted at 9:00pm on Dec 19th
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Getting the Most From the Custodian Interview
Interviewing key custodians is a crucial phase of the eDiscovery lifecycle. Information gathered during this phase helps you identify the distribution of relevant documents in the corporation and gives you valuable information as you continue to identify relevant documents – as well as aids in privilege review, deposition preparation and trial preparation. It is important that custodian interviews are properly documented for defensibility purposes. To aid in documentation and to ensure consistency across interviews, our teams often develop an interview form that allows the interviewer to type the answers directly into the document during the interview. The questions asked during …
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posted at 11:52am on Dec 19th
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Nextpoint Announces Tumblr Support in Cloud Preservation Product
Latest release of Nextpoint’s Cloud Preservation expands social media archive capabilities to include Tumblr.comChicago, IL (PRWEB) December 19, 2011 Nextpoint, Inc., the nation’s leading provider of cloud-based regulatory, compliance, and litigati…
posted at 3:08am on Dec 19th
- December 15th
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eDJ’s eDiscovery Trends: 2012
What a year 2011 has been for the eDiscovery market. The Analysts at eDJ put our heads together and reviewed what transpired in 2011 and what kind of trends we will see in 2012. As a thank you for your support throughout the year, eDJ’s report “eDiscovery Trends: 2011 Year in Review and Forecasting 2012” is available for free download. 2011 saw trends around pragmatic ideas such as managing eDiscovery as a process and taking control of Information Governance (IG), while also hinting at forthcoming heat around “the Cloud” and predictive coding. We also saw the beginning of the rise of the “eDiscovery platform,” with vendors advertising solutions that could manage the full eDiscovery lifecycle. And, there was continued merger and acquisition (M & A) activity in the Discovery marketplace, with two acquisitions in the “bombshell” category given the premiums paid by acquirers. Symantec bought Clearwell in June, 2011 for close to $400 million (a premium of approximately 8x Clearwell’s revenues), while HP bought Autonomy for about $11 billion (a premium of more than 10x).
posted at 10:55am on Dec 15th