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Project Management

eDiscovery Project Management from Both Sides: eDiscovery Best Practices

Editor’s Note: Tom O’Connor is a nationally known consultant, speaker, and writer in the field of computerized litigation support systems.  He has also been a great addition to our webinar program, participating with me on several recent webinars.  Tom has also written several terrific informational overview series for CloudNine, including his most recent one, Preparing for Litigation Before it Happens, which we covered as a webcast on September 26.  Now, Tom has written another terrific overview regarding pre-litigation considerations titled eDiscovery Project Management from Both Sides that we’re happy to share on the eDiscovery Daily blog.  Enjoy! – Doug

Tom’s overview is split into four parts, so we’ll cover each part separately.  Here’s the first part.

Introduction

I’m going to show my age now and quote an old Joni Mitchell song:

I’ve looked at clouds from both sides now
From up and down and still somehow
It’s cloud’s illusions I recall
I really don’t know clouds at all

That’s how I feel about Project Management, which we’ll refer to as PM for the remainder of this article. PM has been a major topic at trade shows recently, especially when Mike Quartararo is speaking. Why?

Well first because Mike’s discussions on how to handle PM are thoughtful and comprehensive. He is a graduate of the State University of New York, after which he studied law for one year at the University of London. He is a certified Project Management Professional (PMP) and a Certified E-Discovery Specialist (CEDS).  And he was the Director of Litigation Support at Stroock & Stroock & Lavan LLP in New York for 10 years.  Now, Mike has his own consultancy practice at eDPM Advisory Services.

And perhaps most important, Mike has literally written the book on the subject. It is called Project Management in Electronic Discovery: An Introduction to Core Principles of Legal Project Management and Leadership In eDiscovery and is available on his web site, www.eDiscoveryPM.com (and also on Amazon here).

But after listening to Mike speak at the recent ILTACON18 conference, Doug Austin mentioned to me that it seemed there is another side to PM that is being ignored, that of the lawyer’s opinion on the subject.  Since discovery is the most time-consuming and expensive aspect of litigation, managing it effectively is always a concern of the lawyers but we seldom hear what they think of all the talk about PM. So, let’s look at the issue from both sides now.

We’ll explore the implementation of eDiscovery project management from both sides, as follows:

  1. The Project Manager’s Perspective to Project Management
  2. The Lawyer’s Perspective to Project Management
  3. Conclusion

We’ll publish Part 2 – The Project Manager’s Perspective to Project Management – on Wednesday.

So, what do you think?  How does your organization apply project management to your eDiscovery projects?  As always, please share any comments you might have or if you’d like to know more about a particular topic.

Sponsor: This blog is sponsored by CloudNine, which is a data and legal discovery technology company with proven expertise in simplifying and automating the discovery of data for audits, investigations, and litigation. Used by legal and business customers worldwide including more than 50 of the top 250 Am Law firms and many of the world’s leading corporations, CloudNine’s eDiscovery automation software and services help customers gain insight and intelligence on electronic data.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Need an eDiscovery Project Manager? Here’s the Guy Who Literally Wrote the Book: eDiscovery Best Practices

There’s a new consulting business aimed at helping organizations better leverage project management in eDiscovery, litigation support and legal technology and it’s founded by the guy who literally wrote the book on project management in eDiscovery.

As covered in LegalTech® News (eDPM Advisory Wants to Help You Get Serious About Project Management, written by Gabrielle Orum Hernández), litigation e-discovery veteran Michael Quartararo, formerly the director of litigation services at Stroock & Stroock & Lavan, recently struck out on his own to form eDPM Advisory Services, a consulting business aimed at helping organizations better leverage project management for specific projects or broader workflow.

“I think there’s a lot of talk about project management in the space, in law firms and corporate legal operations, even on the service provider side. But my experience and exposure throughout the industry shows me that a lot of folks talk about it, but do they really understand it? Do they have the knowledge and expertise to really implement it at their firm at their corporate legal department or service provider organization?” Quartararo said.

eDPM Advisory plans to operate in a few different ways. The company can assist when organizations are looking for guidance on one particular matter or case. “Maybe things are off the rails a little, maybe they’re just starting, maybe they’re knee deep in the project on a case,” Quartararo noted, saying that eDPM can then “just parachute in and help get some clarity on that matter.”

The new company is also available to help organizations design or re-tune long-term project management strategies, and provide training for organizations about how to best leverage project management in their work.

As noted in the article, opening a business has been a long-held dream of Quartararo’s, along with writing a book – which he already did and self-published in 2016: Project Management in Electronic Discovery (available on Amazon here).  See, I told you he literally wrote the book!  :o)  Speaking personally, Mike is one of the sharpest guys I know in the industry – I’ve attended several presentations of his at various conferences and they’re always very informative – and a good guy as well, so I expect he will do great in his new venture.

So, what do you think?  How do you handle project management in your eDiscovery projects?  Please let us know if any comments you might have or if you’d like to know more about a particular topic.

Sponsor: This blog is sponsored by CloudNine, which is a data and legal discovery technology company with proven expertise in simplifying and automating the discovery of data for audits, investigations, and litigation. Used by legal and business customers worldwide including more than 50 of the top 250 Am Law firms and many of the world’s leading corporations, CloudNine’s eDiscovery automation software and services help customers gain insight and intelligence on electronic data.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Glitch in the Matrix – The Vital Role of Communication Between All Stakeholders in eDiscovery: eDiscovery Best Practices

Editor’s Note: Jim Gill’s writing about eDiscovery and Data Management has been twice recognized with JD Supra Reader’s Choice Awards and he holds an MFA in Creative Writing from Southern Illinois University, Carbondale.  Before working in eDiscovery, Jim taught college writing at a number of institutions and his creative work has been published in numerous national literary journals, as well as being nominated for a Pushcart Prize.

Jim’s post below highlights the importance of communications between all stakeholders in the discovery process.  Here’s an example of what can happen when communications break down.  For more information on how CloudNine manages communications for our clients, contact us at info@cloudnine.com.

But first, this week’s eDiscovery Tech Tip of the Week is about Filtering Your Document Collection.  Some attorneys like to load data and get started right away with searching, before they cull out duplicates and clearly non-responsive files.  This can drive up review and production costs and lead to inconsistency in review.  If data for several custodians in an organization is collected for review, many of them will have the same files and emails, especially when those emails are sent to large groups or all employees, so there’s generally no need to review them more than once.  Every file has a digital fingerprint known as a HASH value and all files with the same content in the same format will have the same HASH value, so you can set aside all of the duplicates after the first file.  Domain categorization and relevant date range identification are other areas where you can effectively cull before searching.  The ability to select specific clearly non-responsive domains or collected files outside of the relevant date range and put them quickly into the non-responsive “bucket” can save a lot of time in review and production.

The good news is that the process of filtering that redundant or clearly non-responsive ESI today can be largely automated.  To see an example of how Filtering Your Document Collection is conducted using our CloudNine platform, click here (requires BrightTalk account, which is free).

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In an article by Morgan Chalfant at The Hill posted on January 25th, it was reported that text messages between two FBI employees that were sought by Congressional and Justice Department investigators had not been preserved due to a “glitch” that not only affected the messages in question, but nearly 3,500 FBI devices, “close to 10 percent of cell phones used by bureau employees”.

In this day and age, where data hacks and cyber-espionage are no longer the realm of near-future science fiction, cries of a conspiracy were quickly sounded. But the reality, according to FBI officials, was “that the messages were not preserved as a result of misconfiguration issues related to software upgrades of FBI-provided Samsung 5 mobile phones that conflicted with the bureau’s archiving efforts.”

As more and more tools and applications move to cloud-based platforms, particular awareness has to be taken when it comes to automatic system updates. Last year, when it seemed everyone in eDiscovery was moving or planning to move to Microsoft Office 365, one thing that users noted (particularly those in legal departments) was that they weren’t notified about the updates, either because IT didn’t communicate the updates to users in Legal, or the users in Legal didn’t notice when IT did communicate the updates. Some of these early O365 updates would change settings back to a default, resulting in problems related to retention and preservation. It seems a similar issue is what happened with the FBI’s phones.

This brings up a couple of challenges that are common in eDiscovery:

  • First, the need for clear communication between all stakeholders involved in the process — Legal, IT, Lit Support, Project Managers, Security, Business Units, etc. Information moves fast enough as it is, and when you add elements like automatic updates to the mix, it’s extremely difficult to keep up. Most people don’t track when the apps on their phone update. You might notice it happening via a push notification, but unless the app stops working the same way or a new feature or interface pops up, we simply move on. Apparently, even the FBI does this. So this is why it’s important to create communication protocols surrounding technology changes ahead of time, so that things like this aren’t missed.
  • And second, the need for having a good working relationship with software vendors / providers. More and more, the role of industry third-parties can provide insight, training, and support for the smooth operation of your team’s information governance and eDiscovery operations. With software platforms moving to the cloud, vendors have more and more control over your organization’s processes (which isn’t a bad thing, because they most likely have more technical knowledge on making things run successfully). If you can find a vendor that understands your organization’s needs and is willing to develop a solid working relationship with your eDiscovery team, then when glitches do arise, it’s much easier to handle them.

When things go wrong in a big way, it’s tempting to blame it on the technology (or even better the unknown wizards behind the curtain who created it). Which is all the more reason why legal teams need to incorporate experts who understand the technology and how it affects (or could potentially affect) operations, and then foster regular and open communications with all parties involved, so that everyone knows how to avoid potential problems, or when they do, there are policies and protocols in place for quickly bringing things back in working order.

So, what do you think?  How do you manage communications with stakeholders in your organization?  Please share any comments you might have or if you’d like to know more about a particular topic.

Sponsor: This blog is sponsored by CloudNine, which is a data and legal discovery technology company with proven expertise in simplifying and automating the discovery of data for audits, investigations, and litigation. Used by legal and business customers worldwide including more than 50 of the top 250 Am Law firms and many of the world’s leading corporations, CloudNine’s eDiscovery automation software and services help customers gain insight and intelligence on electronic data.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

It’s E-Discovery Day! Here are Some Great Webcasts to Check Out Today!: eDiscovery Best Practices

It’s December 1st, which can only mean one thing – it’s E-Discovery Day 2017!  This (now third) annual event includes a combination of webcasts and in-person events to promote discussion and education of eDiscovery (that’s the way I prefer to spell it, by the way).  Here are some of the webcasts to consider checking out today.

According to Exterro, the organizer of the event, there were over 1,500 webinar participants in 12 webinars last year and 7 in-person events.  So, things are hopping and happening.  Webcasts for today include:

Key E-Discovery GDPR Considerations: Advice from Across the Pond: (10am ET, 9am CT) With only six months to coming into force, legal teams are left with serious GDPR questions in relation to US e-discovery activities.  Presented by: Sr. Master Steven Whitaker (Ret.) (Queen’s Bench Division); Ralf Sauer (Head – International Data Protection, EU Commission).

The Case is Done but the Data’s Still Everywhere. What’s a Client To Do?: (11am ET, 10am CT) Join members of the Twin Cities ACEDS chapter, and Mary Mack,  for a panel discussion regarding the appropriate disposition of client data.  For many clients this can be the biggest headache.  What do they need to consider when looking at the security of their data once that data gets to law firms and providers?  What measures are taken to protect data held by those organizations and how do you vet those measures?  And, how does the client ensure appropriate disposition of data by their law firms and vendors at the end of a matter?  Our panel will offer a 360 perspective, including that of the client, the vendor, and the law firm.  Presenters include: Caroline Sweeney, Global Director, E-Discovery & Client Technology, Dorsey & Whitney LLP; Heidi J.K. Fessler, Counsel, Barnes & Thornburg LLP; Frank Krahn, Director, Investigative/Legal Discovery, Office Of Risk Management; George Socha, Co-Founder, EDRM, Managing Director, BDO; Mary Mack, Executive Director, ACEDS.

Authentication of Social Media Evidence: A New Twist on the Old Rules: (12pm ET, 11am CT) Social Media has become a hotbed of potential evidence in many cases nationwide over the past several years. The more prevalent cases involving social media as evidence are in the field of personal injury, family law, criminal law, labor law and Workman’s Compensation. How can the researcher best access this invaluable data? How to get the information into evidence? Must one preserve the social media sites where the data resides? What about private data versus public data? How do the Federal Rules of Evidence apply to social media when introducing it as evidence? Don’t miss this session on one of the most exciting areas of the law and come away with good, practical knowledge on how you can capitalize on this potential evidence for your next case. Presented by: Gayle O’Connor, Marketing Manager, Social Evidence; Tom O’Connor, Consultant, Gulf Coast Legal Technology Center.

Murphy’s eDiscovery Law: How to Keep What Could Go Wrong From Going Wrong: (1pm ET, 12pm CT) As data complexity, discovery costs, and regulatory challenges increase in volume and impact, the pulse rate of publicly highlighted eDiscovery mistakes continues to build. While these mistakes are unfortunate for those who experienced them, they can be beneficial to the rest of us in highlighting mistakes you can avoid in your own cases.  Here’s your chance to learn from their mistakes and keep what could go wrong from going wrong. Presented by: Doug Austin, VP of Products and Professional Services, CloudNine; Tom O’Connor, Special Consultant, CloudNine.

Is it Malpractice Not to Get a FRE 502(d) Order?: (3pm ET, 2pm CT) With so few cases going to trial, lawyers may be unaware of provisions in the Federal Rules of Evidence (FRE) that protect privilege during discovery.  In this edTalk, Judge Peck will discuss why every lawyer should use FRE 502(d) in every case to prevent waiver of privilege.  Presented by: Hon. Andrew Peck, United States Magistrate Judge, Southern District of New York.

Updating Your E-Discovery Toolkit: Experts Discuss: (4pm ET, 3pm CT) There’s a lot of noise out there when it comes to what’s hot or new in e-discovery technology. In this roundtable discussion, four e-discovery technology thought leaders will cut through the noise and identify what new e-discovery technology you should be paying attention to in 2018.  Presented by: Craig Ball (Craig D. Ball PC); Ralph Losey (Jackson Lewis); Maura Grossman (University of Waterloo); George Socha (BDO).

These are just some of the excellent webcasts on tap for today.  Here is a link to all of them.  There are also several in-person events and networking opportunities around the country – here is a link to those.

So, what do you think?  Are you “celebrating” E-Discovery Day?  Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Florida Has a New eDiscovery Checklist: eDiscovery Best Practices

One of the best things about speaking at The Master’s Conference is that you get to see other great sessions and presentations as well.  During the Orlando event earlier this week, one of the sessions was presented by Ralph Losey, a regular thought leader interviewee on this blog, who discussed revisions and amendments to a notable Local Rule on Pretrial Procedure in Civil Actions.  Those amendments include an excellent new 33 point eDiscovery checklist.

As Ralph discussed during the session and covered on his excellent E-Discovery Team® blog here (side note: you’ve got to love any blog post with two pictures of Milton from Office Space), the United States District Court for the Southern District Court of Florida is now revising its Local Rule 16.1 on Pretrial Procedure in Civil Actions (here’s a link to the Local Rules with the revisions, including the Administrative Order regarding the amended Rules).  The amendments will go into effect on December 1, 2017.  As Ralph noted, the main revision in the local rules is the addition of a new subsection (K) under 16.1(b)(2) Conference Report that lists what must be included in the attorneys’ report:

(K) any issues about: (i) disclosure, discovery, or preservation of electronically stored information, including the form or forms in which it should be produced; (ii) claims of privilege or of protection as trial-preparation materials, including — if the parties agree on a procedure to assert those claims after production — whether to ask the court to include their agreement in an order under Federal Rule of Evidence 502: and (iii) when the parties have agreed to use the ESI Checklist available on the Court’s website (www.flsd.uscourts.gov), matters enumerated on the ESI Checklist;

Ralph calls the rule revision and checklist a “fine addition” to the local rules, indicating that his only complaint is that the rule change doesn’t go far enough on Federal Rule of Evidence 502 and Rule 502(d) orders for non-waiver of privilege (which we’ve covered several times on this blog, most recently here).  His only criticism of the checklist is its use of non-descript bullet points, instead of numbering.  So, Ralph in his blog post and also in a handout from this week’s session, changed the bullet points to Roman numeral letters for easier referencing.  He also provided comments regarding each of the items (in blue italics, so they’re easily distinguishable).

With that in mind, here are the eight categories contained within the ESI checklist (number of items in each section in parentheses):

I. Preservation (7 items)

II. Liaison (1 item)

III. Informal Discovery About Location and Types of Systems (4 items)

IV. Proportionality and Costs (6 items)

V. Search (2 items)

VI. Phasing (6 items)

VII. Production (4 items)

VIII. Privilege (3 items)

A couple of the most notable categories is the idea of having an eDiscovery liaison for each party (which I think is a great way to help ensure a smooth discovery process) and the option and approach of conducting discovery in phases (which is also a great idea to help prioritize production of ESI and keep the process moving forward).

Regardless, it’s a great resource and guide, whether you’re in Florida or not.  A copy of the checklist (again, with Ralph’s comments) can be found here.

So, what do you think?  Do you use a checklist to guide you through the discovery process? As always, please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Here’s a Chance to Keep What Could Go Wrong from Going Wrong: eDiscovery Best Practices

Today, I’m in Orlando, at The Master’s Conference Orlando event, which is a full day of educational sessions covering a wide range of topics.  Here is a link with more information about today’s conference and our panel discussion due up at 10:00 am today local time.  If you’re in the Orlando area, come check it out!

As data complexity, discovery costs, and regulatory challenges increase in volume and impact, the pulse rate of publicly highlighted eDiscovery mistakes continues to build. While these mistakes are unfortunate for those who experienced them, they can be beneficial to the rest of us in highlighting mistakes you can avoid in your own cases.  Here’s your chance to learn from their mistakes and keep what could go wrong from going wrong.

On the third annual E-Discovery Day, Friday, December 1 at noon CST (1:00pm EST, 10:00am PST), CloudNine will conduct the webcast Murphy’s eDiscovery Law: How to Keep What Could Go Wrong From Going Wrong. In this one-hour webcast that’s CLE-approved in selected states, we will discuss examples of recent eDiscovery disasters and highlight the common characteristics of those disasters and what can be done to avoid them in your own cases.  Topics include:

  • Attorney Duty of Competence
  • Avoiding the Mistake in Assuming that Discovery Begins When the Case is Filed
  • How to Proactively Address Inadvertent Privilege Productions
  • Up Front Planning to Reduce Review Costs
  • How to Avoid Getting Stuck with a Bad Production from Opposing Counsel
  • Understanding Your Data to Drive Discovery Decisions
  • Minimizing Potential ESI Spoliation Opportunities
  • How to Avoid Processing Mistakes that Can Slow You Down
  • Common Searching and Redaction Mistakes and How to Avoid Them
  • Checklist of Items to Ensure a Smooth and Accurate Production
  • Managing Communications: Attorney and Vendor Responsibilities

I’ll be presenting the webcast, along with Tom O’Connor, who is now a Special Consultant to CloudNine!  If you follow our blog, you’re undoubtedly familiar with Tom as a leading eDiscovery thought leader (who we’ve interviewed several times over the years) and I’m excited to have Tom as a participant in this webcast!  To register for it, click here.  Even if you can’t make it, go ahead and register to get a link to the slides and to the recording of the webcast (if you want to check it out later).  This is your opportunity to avoid mistakes that others have made.

So, what do you think?  What do you do when things go wrong?  Scream?  Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Today’s the Day to Learn How to Avoid the eDiscovery Disasters of Other High Profile Organizations: eDiscovery Best Practices

The recent eDiscovery failures at Wells Fargo and at the Department of Justice show that eDiscovery mistakes and failures happen even at the largest corporations and government agencies.  Today, you have a chance to learn from their mistakes.

Today at noon CST (1:00pm EST, 10:00am PST), CloudNine will conduct the webcast Lessons Learned from Recent eDiscovery Disasters. In this one-hour webcast that’s CLE-approved in selected states, we will discuss the various issues that occurred in these high-profile cases and what to do to avoid them in your own cases.  Topics include:

  • Attorney Duty of Competence
  • Managing Communications: Attorney Responsibilities
  • Managing Communications: Vendor Responsibilities
  • Recommended Workflows for Tracking Review
  • Common Redaction Mistakes and How to Avoid Them
  • Checking for Personally Identifiable Information (PII)
  • Key Takeaways for Better eDiscovery Project Management

I’ll be presenting the webcast, along with Tom O’Connor, who is a Special Consultant to CloudNine.  I’m excited to once again have Tom as a participant in this webcast!  To register for it, click here.  Even if you can’t make it, go ahead and register to get a link to the slides and to the recording of the webcast (if you want to check it out later).  It just might keep you from being mentioned in The New York Times – and not in a good way).

Also, I’m excited to report that eDiscovery Daily has been nominated to participate in The Expert Institute’s Best Legal Blog Contest in the Legal Tech category!  Thanks to whoever nominated us!  If you enjoy our blog, you can vote for it and help it win a spot in their Best Legal Blogs Hall of Fame.  There’s just a few days left to vote, but you can cast a vote for the blog here.  Thanks!

So, what do you think?  Do you know any other eDiscovery “epic fail” stories?  Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Here’s a Chance to Learn from the Epic Mistakes of Other High Profile Organizations: eDiscovery Best Practices

The recent eDiscovery failures at Wells Fargo and at the Department of Justice show that eDiscovery mistakes and failures happen even at the largest corporations and government agencies.  Here’s your chance to learn from their mistakes.

On Wednesday, October 25 at noon CST (1:00pm EST, 10:00am PST), CloudNine will conduct the webcast Lessons Learned from Recent eDiscovery Disasters. In this one-hour webcast that’s CLE-approved in selected states, we will discuss the various issues that occurred in these high-profile cases and what to do to avoid them in your own cases.  Topics include:

  • Attorney Duty of Competence
  • Managing Communications: Attorney Responsibilities
  • Managing Communications: Vendor Responsibilities
  • Recommended Workflows for Tracking Review
  • Common Redaction Mistakes and How to Avoid Them
  • Checking for Personally Identifiable Information (PII)
  • Key Takeaways for Better eDiscovery Project Management

I’ll be presenting the webcast, along with Tom O’Connor, who is now a Special Consultant to CloudNine!  If you follow our blog, you’re undoubtedly familiar with Tom as a leading eDiscovery thought leader (who we’ve interviewed several times over the years) and I’m excited to have Tom as a participant in this webcast!  To register for it, click here.  Even if you can’t make it, go ahead and register to get a link to the slides and to the recording of the webcast (if you want to check it out later).  It just might keep you from being mentioned in The New York Times – not in a good way.

Also, I’m excited to report that eDiscovery Daily has been nominated to participate in The Expert Institute’s Best Legal Blog Contest in the Legal Tech category!  Thanks to whoever nominated us!  If you enjoy our blog, you can vote for it and help it win a spot in their Best Legal Blogs Hall of Fame.  You can cast a vote for the blog here.  Thanks!

So, what do you think?  Do you know any other eDiscovery “epic fail” stories?  Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Want Some Tips on How to Prepare for the Rule 26(f) Meet and Confer? Join us Today!: eDiscovery Best Practices

Not only are the first days after a complaint is filed critical to managing the eDiscovery requirements of the case efficiently and cost-effectively, you need to do some prep even before the case is filed. With a scheduling order required within 120 days of the complaint and a Rule 26(f) “meet and confer” conference required at least 21 days before that, there’s a lot to do and a short time to do it. Where do you begin?  Find out today!

But first, I’m excited to report that eDiscovery Daily has been nominated to participate in The Expert Institute’s Best Legal Blog Contest in the Legal Tech category!  Thanks to whoever nominated us!  If you enjoy our blog, you can vote for it and help it win a spot in their Best Legal Blogs Hall of Fame.  You can cast a vote for our blog here.  Thanks!

Anyway, today at noon CST (1:00pm EST, 10:00am PST), CloudNine will conduct the webcast Holy ****, The Case is Filed! What Do I Do Now? (yes, that’s the actual title). In this one-hour webcast, we’ll take a look at the various issues to consider and decisions to be made to help you “get your ducks in a row” and successfully prepare for the Rule 26(f) “meet and confer” conference within the first 100 days after the case is filed. Topics include:

  • What You Should Consider Doing before a Case is Even Filed
  • Scoping the Discovery Effort
  • Identifying Employees Likely to Have Potentially Responsive ESI
  • Mapping Data within the Organization
  • Timing and Execution of the Litigation Hold
  • Handling of Inaccessible Data
  • Guidelines for Interviewing Custodians
  • Managing ESI Collection and Chain of Custody
  • Search Considerations and Preparation
  • Handling and Clawback of Privileged and Confidential Materials
  • Determining Required Format(s) for Production
  • Timing of Discovery Deliverables and Phased Discovery
  • Identifying eDiscovery Liaison and 30(b)(6) Witnesses
  • Available Resources and Checklists

I’ll be presenting the webcast, along with Tom O’Connor, who is now a Special Consultant to CloudNine!  If you follow our blog, you’re undoubtedly familiar with Tom as a leading eDiscovery thought leader (who we’ve interviewed several times over the years) and I’m excited to have Tom as a participant in this webcast!  To register for it, click here.  Even if you can’t make it today, go ahead and register to get a link to the slides and to the recording of the webcast (if you want to check it out later).

So, what do you think?  When a case is filed, do you have your eDiscovery “ducks in a row”?  Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Here’s a Chance to Learn What You Need to Do When a Case is First Filed: eDiscovery Best Practices

The first days after a complaint is filed are critical to managing the eDiscovery requirements of the case efficiently and cost-effectively. With a scheduling order required within 120 days of the complaint and a Rule 26(f) “meet and confer” conference required at least 21 days before that, there’s a lot to do and a short time to do it. Where do you begin?

On Wednesday, September 27 at noon CST (1:00pm EST, 10:00am PST), CloudNine will conduct the webcast Holy ****, The Case is Filed! What Do I Do Now? (yes, that’s the actual title). In this one-hour webcast, we’ll take a look at the various issues to consider and decisions to be made to help you “get your ducks in a row” and successfully prepare for the Rule 26(f) “meet and confer” conference within the first 100 days after the case is filed. Topics include:

  • What You Should Consider Doing before a Case is Even Filed
  • Scoping the Discovery Effort
  • Identifying Employees Likely to Have Potentially Responsive ESI
  • Mapping Data within the Organization
  • Timing and Execution of the Litigation Hold
  • Handling of Inaccessible Data
  • Guidelines for Interviewing Custodians
  • Managing ESI Collection and Chain of Custody
  • Search Considerations and Preparation
  • Handling and Clawback of Privileged and Confidential Materials
  • Determining Required Format(s) for Production
  • Timing of Discovery Deliverables and Phased Discovery
  • Identifying eDiscovery Liaison and 30(b)(6) Witnesses
  • Available Resources and Checklists

I’ll be presenting the webcast, along with Tom O’Connor, who is now a Special Consultant to CloudNine!  If you follow our blog, you’re undoubtedly familiar with Tom as a leading eDiscovery thought leader (who we’ve interviewed several times over the years) and I’m excited to have Tom as a participant in this webcast!  To register for it, click here.

So, what do you think?  When a case is filed, do you have your eDiscovery “ducks in a row”?  Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.