Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.
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eDiscovery Best Practices: Quality Assurance vs. Quality Control and Why Both Are Important in eDiscovery
 eDiscovery Best Practices: Quality Assurance vs. Quality Control and Why Both Are Important in eDiscovery 150 150 CloudNine

People tend to use the terms Quality Assurance (QA) and Quality Control (QC) interchangeably and it’s a pet peeve of mine. It’s like using the word “irregardless” – which isn’t really a word. The fact is that QA and QC are different mechanisms for ensuring quality in…anything. Products, processes and projects (as well as things that don’t begin with “pro”) are all examples of items that can benefit from quality ensuring mechanisms and those that are related to electronic discovery can particularly benefit.

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eDiscovery Trends: eDiscovery Work is Growing in Law Firms and Corporations
 eDiscovery Trends: eDiscovery Work is Growing in Law Firms and Corporations 150 150 CloudNine

There was an article in Law Technology News last Friday (Survey Shows Surge in E-Discovery Work at Law Firms and Corporations, written by Monica Bay) that discussed the findings of a survey released by The Cowen Group, indicating that eDiscovery work in law firms and corporations is growing considerably. Eighty-eight law firm and corporate law department professionals responded to the survey.

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eDiscovery Trends: The Da Silva Moore Case Has Class (Certification, That Is)
 eDiscovery Trends: The Da Silva Moore Case Has Class (Certification, That Is) 150 150 CloudNine

As noted in an article written by Mark Hamblett in Law Technology News, Judge Andrew Carter of the U.S. District Court for the Southern District of New York has granted conditional class certification in the Da Silva Moore v. Publicis Groupe & MSL Group case.

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eDiscovery Best Practices: Types Of Metadata and How They Impact Discovery
 eDiscovery Best Practices: Types Of Metadata and How They Impact Discovery 150 150 CloudNine

If an electronic document is a “house” for information, then metadata could be considered the “deed” to that house. Metadata, which is data about the document, contains information such as the user who created it, creation date, the edit history, and file type. There are many different types of metadata and it is important to understand each with regard to requesting that metadata in opposing counsel productions and being prepared to produce it in your own productions. Here are some examples.

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eDiscovery Best Practices: You May Need to Collect from Custodians Who Aren’t There
 eDiscovery Best Practices: You May Need to Collect from Custodians Who Aren’t There 150 150 CloudNine

A little over a week ago, we talked about how critical the first seven to ten days are in the case once litigation hits. Key activities to get a jump on the case include creating a list of key employees most likely to have documents relevant to the litigation and interviewing those key employees, as well as key department representatives, such as IT for information about retention and destruction policies. These steps are especially important as they may shed light on custodians you might not think about – the ones who aren’t there.

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eDiscovery Trends: First Pass Review – Domain Categorization of Your Opponent’s Data
 eDiscovery Trends: First Pass Review – Domain Categorization of Your Opponent’s Data 150 150 CloudNine

Yesterday, we talked about the use of First Pass Review (FPR) applications (such as FirstPass®, powered by Venio FPR™) to not only conduct first pass review of your own collection, but also to analyze your opponent’s ESI production. One way to analyze that data is through “fuzzy” searching to find misspellings or OCR errors in an opponent’s produced ESI. Another type of analysis is the use of domain categorization.

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eDiscovery Trends: First Pass Review – Fuzzy Searching Your Opponent’s Data
 eDiscovery Trends: First Pass Review – Fuzzy Searching Your Opponent’s Data 150 150 CloudNine

Tuesday, we talked about the use of First Pass Review (FPR) applications (such as FirstPass®, powered by Venio FPR™) to not only conduct first pass review of your own collection, but also to analyze your opponent’s ESI production. One way to analyze that data is through synonym searching to find variations of your search terms to increase the possibility of finding the terminology used by your opponents. Another type of analysis is the use of fuzzy searching.

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eDiscovery Trends: First Pass Review – Synonym Searching Your Opponent’s Data
 eDiscovery Trends: First Pass Review – Synonym Searching Your Opponent’s Data 150 150 CloudNine

Yesterday, we talked about the use of First Pass Review (FPR) applications (such as FirstPass®, powered by Venio FPR™) to not only conduct first pass review of your own collection, but also to analyze your opponent’s ESI production. One way to analyze that data is through email analytics to see the communication patterns graphically to identify key parties for deposition purposes and look for potential production omissions.

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eDiscovery Trends: First Pass Review – of Your Opponent’s Data
 eDiscovery Trends: First Pass Review – of Your Opponent’s Data 150 150 CloudNine

In the past few years, applications that support Early Case Assessment (ECA) (or Early Data Assessment, as many prefer to call it) and First Pass Review (FPR) of ESI have become widely popular in eDiscovery as the analytical and culling benefits of conducting FPR have become obvious. The benefit of these FPR tools to analyze and cull their ESI before conducting attorney review and producing relevant files has become increasingly clear. But, nobody seems to talk about what these tools can do with opponent’s produced ESI.

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eDiscovery Trends: Scanning May No Longer Be Cool, But it’s Still Necessary
 eDiscovery Trends: Scanning May No Longer Be Cool, But it’s Still Necessary 150 150 CloudNine

Frankly, I thought the fax machine would have been retired by now. So many documents are generated electronically these days that I would have expected that most businesses would not only accept contracts and other documents via email but also no longer support fax receipt of those same documents. But, many business not only still receive faxes, some still only accept faxes for key documents (or require you to hand deliver). Likewise, most documents generated these days (as much as 99%) are never printed. Yet, I’m still surprised how many cases still have hard copy documents that require scanning.

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