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It has been a topic du jour, but social media discovery does not seem to be gaining the mindshare one might expect given the explosion in usage of social media. Almost 65% of respondents in eDJ’s social experience survey indicate using external social networks (e.g. Facebook, LinkedIn, Twitter) at work. I will not go into the litany of case law regarding the discoverability of social media in criminal and civil litigation. There are many JDs out there more qualified to dig into precedents and what they mean. Suffice it to say that social media is potentially discoverable and ignoring it could lead to sanctions, adverse inferences, and higher than expected eDiscovery costs.

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.

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.

eDJ’s new report, “Predictive Information Governance: The Time Has Come,” looks at how Predictive IG works and how it can positively impact multiple use-cases.

Migrated from eDJGroupInc.com. Author: . Published: 2013-06-25 16:27:54  I just returned from my trip to China and the week overseas went by very quickly.  As much as I’m glad to be back in Austin, I already miss the new friends [...]

Mohawk Industries v. Carpenter is Justice Sonia Sotomayor’s first opinion and while it first appears to be a simple procedural issue, it may have far reaching consequences with counsel making risk vs. cost decisions around their discovery efforts. The case involves a dispute over whether privilege waiver and other discovery related district court orders can be appealed during or after the case, whether it qualifies for an interlocutory appeal in lawyer speak. The unanimous opinion found that with some exceptions discovery decisions could only be appealed after the final judgment was rendered.

As legal technology migrates from external service providers to inside the firewall, it is more important than ever to test and understand your rates of collection, processing, loading, reviewing and producing ESI. Litigation support is a deadline driven business. Counsel will wait as long as possible before pulling the trigger on discovery in the hope and expectation of resolving the matter without having to incur further costs. Successfully adapting to this pressure cooker lifestyle requires that you construct a ‘burst capacity’ workflow as opposed to a normal ‘continuous capacity’ model.

The final result was an initial list of 543 sites that met my fairly strict requirements. That means that almost 95% of sites were only vaguely related to our industry or practice. No wonder webinars, conferences and training organizations are getting decent attendance. If you do not already know what you are looking for, your odds of finding it are pretty slim or you are in for a lot of surfing.

This year I tried an experiment in my continual quest to gather as much information from the Discovery Maze (LNTY Exhibit Halls) as possible. The experiment was a bust, but there were lessons in why and how it failed. The idea was to recruit corporate and firm managers and specialists with 5+ years experience to be ‘Secret Shoppers’ on the Exhibit Hall. This way I could try to reach more of the floor and everyone in the network would share their feedback on a set of secured web pages.

Migrated from eDJGroupInc.com. Author: Barry Murphy. Published: 2010-01-26 18:07:42Format, images and links may no longer function correctly. If the term Early Case Assessment (ECA) causes you to roll your eyes and reach for a copy of your JD/MBA buzzword bingo sheet, [...]