Our Insights on eDiscovery

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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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eDiscovery Trends: A Green Light for Predictive Coding?
 eDiscovery Trends: A Green Light for Predictive Coding? 150 150 CloudNine

There are a handful of judges whose pronouncements on anything eDiscovery-related are bound to get legal technologists talking. Judge Andrew Peck, United States magistrate judge for the Southern District of New York is one of them. His recent article, Search, Forward, published in Law Technology News, is one of the few judicial pronouncements on the use of predictive coding and has sparked a lively debate.

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eDiscovery Trends: Reporting from the 2011 EDRM Mid-Year Meeting
 eDiscovery Trends: Reporting from the 2011 EDRM Mid-Year Meeting 150 150 CloudNine

The Electronic Discovery Reference Model (EDRM) Project, created to address the lack of standards and guidelines in the electronic discovery market, is now in its seventh year of operation. This week, the EDRM Mid-Year meeting has taken place in St. Paul, MN (giving some of us a chance to break out our winter clothes early!). Twice a year, in May and October, eDiscovery professionals who are EDRM members meet to continue the process of working together on various standards projects. Here are some highlights from this week’s meeting.

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eDiscovery Case Law: Defendant Sanctioned for Abandonment and Sale of Server; Defendants' Counsel Unaware of Spoliation
 eDiscovery Case Law: Defendant Sanctioned for Abandonment and Sale of Server; Defendants' Counsel Unaware of Spoliation 150 150 CloudNine

An Illinois District Court ordered heavy sanctions against the defense for spoliation “willfully and in bad faith” of documents stored on a server, in a case revolving around damages sought for breach of loan agreements.

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Marketing a Litigation Support / eDiscovery Department within a Law Firm: Getting New Customers, Part 2
 Marketing a Litigation Support / eDiscovery Department within a Law Firm: Getting New Customers, Part 2 150 150 CloudNine

Yesterday, we covered a couple of ‘big-picture’ marketing mechanisms and techniques that work well in a law firm. Here are a few more.

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

Your marketing efforts should be aimed at two goals: getting new customers and keeping existing customers. We’ll start with marketing techniques for getting new customers. We’ll cover ‘big-picture’ marketing activities – that is, marketing activities aimed at spreading the word about how your department can help litigators in the firm. And, we’ll talk about one-on-one marketing to individual attorneys and litigation teams.

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eDiscovery Strategy: "Command" Model of eDiscovery Must Make Way for Collaboration
 eDiscovery Strategy: "Command" Model of eDiscovery Must Make Way for Collaboration 150 150 CloudNine

Last week’s article on Law Technology News summarizes the message put forward by several speakers at the fifth annual Colorado Association of Litigation Support Professionals E-Discovery Summit, held on October 7, 2011. In her article “E-Discovery ‘Command’ Culture Must Collapse”, Monica Bay discusses the old “command” style of eDiscovery, with a senior partner leading his “troops” like General George Patton – a model that summit speakers agree is “doomed to failure” – and reports on the findings put forward by judges and litigators that the time has come for true collaboration.

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