In Dynamo Holdings v. Commissioner of Internal Revenue, Texas Tax Court Judge Ronald Buch ruled that the petitioners “may use predictive coding in responding to respondent’s discovery request” and if “after reviewing the results, respondent believes that the response to the discovery request is incomplete, he may file a motion to compel at that time”.
read moreAs we discussed Wednesday, working with electronic files in a review tool is NOT just simply a matter of loading the files and getting started. Electronic files are diverse and can represent a whole collection of issues to address in order to process them for loading. To address those issues effectively, processing requires a sound process.
read moreSo 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.
read moreSince 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!
read moreYesterday, 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.
read moreMost 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”.
read moreRecently, 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.
read moreSo 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.
read moreI 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?
read moreSeveral 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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