Migrated from eDJGroupInc.com. Author: Greg Buckles. Published: 2012-10-30 09:00:08 CIO’s see the SharePoint migration bulldozer as a long promised solution to their corporate digital landfills, the network shares full of legacy files. What about legal’s obligations to preserve ESI currently under legal hold? IT wants a lean and mean managed repository of IP assets that contains only active ESI and records. Where does that [...]
I had a spirited discussion on Friday with a litigator about whether it was appropriate for Honorable J. Travis Laster from the Delaware Chancery Court to push the parties to use predictive coding when apparently neither of the parties sought to use predictive coding in EORHB, Inc., et al v. HOA Holdings, LLC, C.A. No. 7409-VCL (Del. Ch. Oct. 15, 2012). I decided to take some time to think about this outcome since I have been very public in my support of using predictive coding to reduce many of the ills of the litigation system, e.g. lengthy discovery disputes, excessive costs and uneven quality of ESI productions. Yet I am also on record supporting the outcome of Kleen Products where the plaintiffs failed in forcing the defendants to use predictive coding because they had what appeared to be an uphill battle to impose their discovery will on their adversary. I also generally believe parties should be able to chart their own course for how to proceed with discovery.
This summer, I wrote about defensible deletion gaining steam, as evidenced by questions being asked by many consulting clients and new vendor offerings aimed at allowing companies to get rid of unnecessary information. Then recently, I read Barclay Blair’s article in LTN about the clash brewing between Big Data and eDiscovery protocols. The title of Barclay’s article insinuates that two camps are form – those that want to keep all data forever and simply analyze and those that want to defensibly delete and lower risk. Thankfully, the article goes on to suggest that both of these things can happen in parallel.
Migrated from eDJGroupInc.com. Author: Greg Buckles. Published: 2012-11-05 09:05:35 In his recent article, Ralph Losey makes a compelling argument for big law firms to completely outsource their litigation support departments to a single dedicated provider. It made me consider whether those same arguments can be applied to corporate legal departments and if this kind of sole source scenario can hold up for small to [...]
Migrated from eDJGroupInc.com. Author: Karl Schieneman. Published: 2012-11-05 18:12:51 My recent piece, "Predictive Coding Metrics are for Weenies - Part I," looked at how those who want metrics that will suddenly “validate” predictive coding are going to get left behind waiting for that validation. To examine the fence sitters' concerns more closely, I agree it would be nice to know in advance if the [...]
Migrated from eDJGroupInc.com. Author: . Published: 2012-11-07 09:05:20 eDiscovery events are evolving and I have a personal interest tracking how these programs are adapting to the requirements of both the attendees and sponsors. As the eDJ Group was exploring options in the European marketplace, I was introduced to Frederick Gyebi-Ababio who is with the LawTech Europe Congress being held on November 12, 2012 in [...]
Migrated from eDJGroupInc.com. Author: Mikki Tomlinson. Published: 2012-11-08 09:05:05 Last month marked the 9th anniversary of the Zubulake IV opinion, wherein US District Judge Shira A. Scheindlin clearly defined a party’s duty to preserve ESI “…and put in place a ‘litigation hold’ to ensure the preservation of relevant documents” (emphasis added.) (Zubulake v. UBS Warburg LLC, 220 F.R.D. 212, 218 (S.D.N.Y. 2003)). Since that [...]
Periodically, the analysts at eDJ Group like to share perspectives on the solutions providers in the eDiscovery market. Last spring, we wondered if the winners and losers in the eDiscovery software market had already been determined. This summer, we looked at whether or not the software giants are dominating the eDiscovery market. In early December, we will do a much larger overview of eDiscovery solutions across a wider array of players.
Migrated from eDJGroupInc.com. Author: Karl Schieneman. Published: 2012-11-13 09:00:05 My last two posts have focused on the predictive coding metrics that so many eDiscovery professionals are waiting for with bated breath. What is the real problem here? It’s not that we don’t have standards which are reasonableness or proportionality, or that we don’t have metrics which are present almost everywhere you look when considering [...]
Migrated from eDJGroupInc.com. Author: Greg Buckles. Published: 2012-11-14 09:10:45 Migration to the Cloud is one of the key trends that eDJ Group is calling out for 2013. Almost every major corporate and law firm eDJ client in 2012 either already has data in Cloud services or is exploring the options. As CTO of the eDJ Group, I finally retired my Exchange box and put [...]