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 Trends: Madoff Ponzi Scheme Case Documents May Be Turned Over to eData Rooms and Special Masters
 eDiscovery Trends: Madoff Ponzi Scheme Case Documents May Be Turned Over to eData Rooms and Special Masters 150 150 CloudNine

The trustee responsible for coordinating the recovery of assets and data involved in Bernard L. (“Bernie”) Madoff’s $65 billion Ponzi fraud investigation is presently seeking to secure special masters and create an “eData room” to ensure that the enormous volume of data accumulated during this worldwide investigation is collected and retained.

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eDiscovery Trends: Special Masters Increasingly Used to Facilitate Complex eDiscovery Cases
 eDiscovery Trends: Special Masters Increasingly Used to Facilitate Complex eDiscovery Cases 150 150 CloudNine

Retired Washington DC superior court judge Richard Levie was recently appointed as a special master to oversee the eDiscovery demands of an ongoing high profile acquisition case. The DOJ and AT&T have jointly requested (and US district Judge Ellen Segal Huvelle appointed) Levie as special master to resolve any matters involving electronic evidence in the case focused on the $39 billion proposed acquisition of T-Mobile by AT&T. The assignment of special masters has become a growing trend to help streamline the discovery process.

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Marketing a Litigation Support / eDiscovery Department within a Law Firm: Keep Existing Customers, Part 1
 Marketing a Litigation Support / eDiscovery Department within a Law Firm: Keep Existing Customers, Part 1 150 150 CloudNine

Yesterday, we concluded our discussion about getting new customers. Today, we begin discussing how to keep the customers you already have. Getting repeat business from your clients is essential. If every client only used your services once, at some point you’d be out of business. You need to focus, therefore, on getting repeat business. Here’s how.

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Marketing a Litigation Support / eDiscovery Department within a Law Firm: Getting New Customers, Part 5
 Marketing a Litigation Support / eDiscovery Department within a Law Firm: Getting New Customers, Part 5 150 150 CloudNine

Last week, we started talking about techniques and mechanisms for one-on-one marketing to individual attorneys and litigation teams in your firm. Here are a few more tips.

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eDiscovery Trends: SEC Orders Its Staff to Cease Document Destruction Pending Policy Review
 eDiscovery Trends: SEC Orders Its Staff to Cease Document Destruction Pending Policy Review 150 150 CloudNine

The U.S. Securities and Exchange Commission (“SEC”) recently ordered all of its enforcement staff attorneys to cease the destruction of documents from investigative files after criticism that the SEC wrongfully destroyed thousands of documents associated with high profile enforcement matters, including investigations into Wall Street banks. The National Archives and Records Administration (NARA) and the SEC’s inspector general are currently examining whether the organization’s document destruction policy requires revision. This cease order comes in the wake of information provided by a SEC whistleblower, indicating that the SEC wrongfully destroyed thousands of documents from preliminary investigations.

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eDiscovery Horrors! Does This Scare You?
 eDiscovery Horrors! Does This Scare You? 150 150 CloudNine

Today is Halloween. While we could try to “scare” you with the traditional “frights”, we’re an eDiscovery blog, so it seems appropriate to try to “scare” you in a different way. Does this scare you?

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eDiscovery Case Law: Court Rules 'Circumstantial Evidence' Must Support Authorship of Text Messages for Admissibility
 eDiscovery Case Law: Court Rules 'Circumstantial Evidence' Must Support Authorship of Text Messages for Admissibility 150 150 CloudNine

When are text messages admissible in court? Which text messages qualify as evidence, and what does it take to prove authorship of a text message? A recent opinion from the Pennsylvania Superior Court, Commonwealth v. Koch, addresses these very issues in an old yet new way, perhaps setting the precedent for future cases and opening what seems to be a potential Pandora’s Box of obstacles to the use of text messages as legal evidence.

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Marketing a Litigation Support / eDiscovery Department within a Law Firm: Getting New Customers, Part 4
 Marketing a Litigation Support / eDiscovery Department within a Law Firm: Getting New Customers, Part 4 150 150 CloudNine

Successful marketing efforts have two components – ‘big picture’ marketing aimed at spreading the word about what you offer, and one-on-one marketing to individual attorneys and litigation teams. In the last several posts in this series, we covered ‘big-picture’ marketing. Now let’s move on to techniques and mechanisms for one-on-one marketing. Here are some suggestions aimed at doing one-on-one marketing that work.

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Marketing a Litigation Support / eDiscovery Department within a Law Firm: Getting New Customers, Part 3
 Marketing a Litigation Support / eDiscovery Department within a Law Firm: Getting New Customers, Part 3 150 150 CloudNine

Last week, we covered several ‘big-picture’ marketing mechanisms and techniques that work well in a law firm. There are just a few more I want to mention.

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eDiscovery Trends: Why Predictive Coding is a Hot Topic
 eDiscovery Trends: Why Predictive Coding is a Hot Topic 150 150 CloudNine

Yesterday, we considered a recent article about the use of predictive coding in litigation by Judge Andrew Peck, United States magistrate judge for the Southern District of New York. The piece has prompted a lot of discussion in the profession. While most of the analysis centered on how much lawyers can rely on predictive coding technology in litigation, there were some deeper musings as well.

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