Our Insights on eDiscovery

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eDiscovery Blog Throwback Thursdays – How things evolved, Part 2
 eDiscovery Blog Throwback Thursdays – How things evolved, Part 2 150 150 CloudNine

So far in this blog series, we’ve taken a look at the ‘litigation support culture’ circa 1980, and we’ve covered how databases were built and used. We’ve come a long way since then, and in last week’s blog, we started discussing how things have evolved, beginning with a discussion of the use of microfilm and microfiche to store document collections. As most of you know, the next step in the evolution process was a move to storing documents as images.

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The Files are Already Electronic, How Hard Can They Be to Load? – Best of eDiscovery Daily
 The Files are Already Electronic, How Hard Can They Be to Load? – Best of eDiscovery Daily 150 150 CloudNine

Since hard copy discovery became electronic discovery, I’ve worked with a number of clients who expect that working with electronic files in a review tool is simply a matter of loading the files and getting started. Unfortunately, it’s not that simple!

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When Preparing Production Sets, Quality is Job 1 – Best of eDiscovery Daily
 When Preparing Production Sets, Quality is Job 1 – Best of eDiscovery Daily 150 150 CloudNine

Yesterday, we talked about addressing parameters of production up front to ensure that those requirements make sense and avoid foreseeable production problems well before the production step. Today, we will talk about quality control (QC) mechanisms to make sure that the production is complete and accurate. There are a number of checks that can and should be performed on the production set, prior to producing it to the requesting party. Here are some examples.

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Production is the “Ringo” of the eDiscovery Phases – Best of eDiscovery Daily
 Production is the “Ringo” of the eDiscovery Phases – Best of eDiscovery Daily 150 150 CloudNine

Most of the “press” associated with eDiscovery ranges from the “left side of the EDRM model” (i.e., Information Management, Identification, Preservation, Collection) through the stages to prepare materials for production (i.e., Processing, Review and Analysis). All of those phases lead to one inevitable stage in eDiscovery: Production. Yet, few people talk about the actual production step. If Preservation, Collection and Review are the “John”, “Paul” and “George” of the eDiscovery process, Production is “Ringo”.

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Proximity, Not Absence, Makes the Heart Grow Fonder – Best of eDiscovery Daily
 Proximity, Not Absence, Makes the Heart Grow Fonder – Best of eDiscovery Daily 150 150 CloudNine

Recently, I assisted a large corporate client where there were several searches conducted across the company’s enterprise-wide document management systems (DMS) for ESI potentially responsive to the litigation. Some of the individual searches on these systems retrieved over 200,000 files by themselves! Here is how we made those searches more precise.

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eDiscovery Throwback Thursdays – How Things Evolved
 eDiscovery Throwback Thursdays – How Things Evolved 150 150 CloudNine

So far in this blog series, we’ve taken a look at the ‘litigation support culture’ circa 1980, and we’ve covered how databases were built and used. We’ve come a long way since then, and in the next posts I’m going to talk a bit about how things evolved. One of the first big changes in how we worked was the use of microfilm.

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Does Size Matter? – Best of eDiscovery Daily
 Does Size Matter? – Best of eDiscovery Daily 150 150 CloudNine

I frequently get asked how big does an ESI collection need to be to benefit from eDiscovery technology. In a recent case with one of my clients, the client had a fairly small collection – only about 4 GB. But, when a judge ruled that they had to start conducting depositions in a week, they needed to review that data in a weekend. But, if you’re not facing a tight deadline, how large does your collection need to be for the use of eDiscovery technology to provide benefits?

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Don’t Get “Wild” with Wildcards – Best of eDiscovery Daily
 Don’t Get “Wild” with Wildcards – Best of eDiscovery Daily 150 150 CloudNine

Several months ago, I provided search strategy assistance to a client that had already agreed upon several searches with opposing counsel. One search related to mining activities, so the attorney decided to use a wildcard of “min*” to retrieve variations like “mine”, “mines” and “mining”. That one search retrieved over 300,000 files with hits. Why? Let’s see.

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eDiscovery Daily is Four Years Old!
 eDiscovery Daily is Four Years Old! 150 150 CloudNine

Believe it or not, it has been four years ago this past Saturday since we launched the eDiscovery Daily blog! Now is your chance to catch up on some posts that you may have missed!

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Is Technology Assisted Review Older than the US Government? – eDiscovery Trends
 Is Technology Assisted Review Older than the US Government? – eDiscovery Trends 150 150 CloudNine

A lot of people consider Technology Assisted Review (TAR) and Predictive Coding (PC) to be new technology. We attempted to debunk that as myth last year after our third annual thought leader interview series by summarizing comments from some of the thought leaders that noted that TAR and PC really just apply artificial intelligence to the review process. But, the foundation for TAR may go way farther back than you might think.

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