Our Insights on eDiscovery

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eDiscovery Best Practices: After Production, Your eDiscovery Obligations Are Not Necessarily Over
 eDiscovery Best Practices: After Production, Your eDiscovery Obligations Are Not Necessarily Over 150 150 CloudNine

While a number of attorneys have yet to still embrace and fully understand eDiscovery best practices, most at least understand that there are (since 2006) Federal Rules of Civil Procedure that address discovery of electronically stored information (ESI) and (for most, but not all) similar rules at the state level. More are learning to conduct an initial discovery conference (a.k.a., “meet and confer”) with opposing counsel to address eDiscovery requirements at the beginning of a case and more now not only understand the requirements to preserve potentially responsive data once it is clear that litigation is imminent but also how to conduct the review and production in a defensible manner. However, as noted in this Texas Lawyer article, How to Prepare for E-Discovery Supplementation Obligations (written by Ross Cunningham and published in Law Technology News), an attorney’s eDiscovery obligations are not necessarily over after production.

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eDiscovery Case Law: Court Orders eDiscovery Evidentiary Hearing When Parties Are Unable to Cooperate
 eDiscovery Case Law: Court Orders eDiscovery Evidentiary Hearing When Parties Are Unable to Cooperate 150 150 CloudNine

A month ago, in Chura v. Delmar Gardens of Lenexa, Inc., Magistrate Judge David J. Waxse ordered an evidentiary hearing to discuss the sufficiency of the defendant’s search for ESI and format of production in response to the plaintiff’s motion to compel additional searching and production.

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Social Tech eDiscovery: Twitter Law Enforcement Policies Revisited
 Social Tech eDiscovery: Twitter Law Enforcement Policies Revisited 150 150 CloudNine

Back in January, we revisited Facebook’s Law Enforcement policies and found that they had changed quite a bit from the original post we published back in September 2010 (shortly after the blog was launched). Even the link was no longer active, so we had to “go hunting” for the new location for the law enforcement page. It seems appropriate to take an updated look at Twitter’s policies to see if anything has changed there from the post we published back in September 2010 regarding those policies.

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eDiscovery Case Law: Friday the 13th Is Unlucky for Judge Peck
 eDiscovery Case Law: Friday the 13th Is Unlucky for Judge Peck 150 150 CloudNine

The latest in in Da Silva Moore v. Publicis Groupe & MSL Group? This past Friday, April 13, the plaintiffs filed a formal motion for recusal of Magistrate Judge Andrew J. Peck of the U.S. District Court for the Southern District of New York after he issued an opinion approving the use of predictive coding in this case. So, what were the plaintiffs’ arguments for recusal?

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eDiscovery Careers: Achieving Success as a Non-Attorney in a Law Firm — Introduction
 eDiscovery Careers: Achieving Success as a Non-Attorney in a Law Firm — Introduction 150 150 CloudNine

Today, I see more and more non-attorneys attaining senior level positions and high compensation levels in law firms. I see non-attorneys treated as equals by senior partners in law firms. I have also, though, seen very talented people who haven’t climbed that ladder of success in a law firm. The difference doesn’t always come down to knowledge and skills. To achieve that success, we have to do more than be good at our jobs. That’s what I’ll be focusing on in this blog series. I’ll walk you through some steps you can take and techniques you can employ that will increase your odds of grabbing that brass ring.

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eDiscovery Case Law: The Other Technology Assisted Review Case
 eDiscovery Case Law: The Other Technology Assisted Review Case 150 150 CloudNine

We’ve covered the Da Silva Moore case quite a bit over the past few weeks, but that’s not the only case where technology assisted review is currently being considered and debated. On February 21, in Kleen Products LLC v. Packaging Corporation of America, et al., the plaintiffs asked Magistrate Judge Nan Nolan to require the producing parties to employ a technology assisted review approach (referred to as “content-based advanced analytics,” or CBAA) in their production of documents for discovery purposes.

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eDiscovery Best Practices: See Jane Teach – How To Manage Litigation Projects
 eDiscovery Best Practices: See Jane Teach – How To Manage Litigation Projects 150 150 CloudNine

One major problem that many organizations are facing these days in large-scale litigation is that the demand for project managers far exceeds the supply. Law firms find themselves moving talented — but inexperienced — professionals into project management positions. Electronic discovery experts, litigation paralegals, technically savvy litigation support professionals, and even attorneys are taking on project management responsibilities with little experience or training. Our Jane Gennarelli can help with that.

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eDiscovery Case Law: Better Late Than Never? Not With Discovery.
 eDiscovery Case Law: Better Late Than Never? Not With Discovery. 150 150 CloudNine

In Techsavies, LLC v. WFDA Mktg., Inc., Magistrate Judge Bernard Zimmerman of the United States District Court for the District of Northern California sanctioned the defendant for repeated failures to produce responsive documents in a timely manner because of their failure to identify relevant data sources in preparing its initial disclosures.

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eDiscovery Best Practices: First Name Searches Are Not Always Proper
 eDiscovery Best Practices: First Name Searches Are Not Always Proper 150 150 CloudNine

I’ve worked with numerous clients over the years and provided assistance regarding searching best practices to maximize recall without sacrificing search precision, including the use of fuzzy and synonym searches to identify additional potentially responsive files and sampling to test the effectiveness of searches. In several cases, the initial list of proposed search terms sent to me by the client includes first names of several individuals to search for as standalone terms. Unfortunately, first names don’t always make the best search terms.

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eDiscovery Trends: Rules Changes for Spoliation Could Come as Soon as 2013
 eDiscovery Trends: Rules Changes for Spoliation Could Come as Soon as 2013 150 150 CloudNine

With cases related to preservation and spoliation issues continuing to be prevalent, as well as continued greater emphasis on proportionality in eDiscovery, the Advisory Committee on the Federal Rules of Civil Procedure has requested comments on possible changes to the federal rules relating to preservation and spoliation of evidence. Much of the framework for the proposed rules was derived from Judge Shira Scheindlin’s opinions on eDiscovery, particularly those in the Zubulake case. These changes could be finalized as soon as December 2013.

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