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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Marketing a Litigation Support / eDiscovery Department within a Law Firm: The “Marketing Mind-Set”, Part 2
 Marketing a Litigation Support / eDiscovery Department within a Law Firm: The “Marketing Mind-Set”, Part 2 150 150 CloudNine

Last week, we started talking about the right “marketing mind-set” for a litigation support / eDiscovery department. Here are a couple more mind-set adjustments you may need to make.

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eDiscovery Trends: Service Providers Unite!
 eDiscovery Trends: Service Providers Unite! 150 150 CloudNine

While mergers and acquisitions of major eDiscovery providers (such as Symantec’s acquisition of Clearwell and HP’s acquisition of Autonomy) dominate the headlines, the majority of eDiscovery providers are actually small to midsized companies that provide a full range of services from coast to coast. To enable the small/midsized providers to compete with the eDiscovery “bohemoths” of the world, Jerry Correia and Greg Bayless formed the Legal Service Providers Association (LSPA).

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eDiscovery Searching: A Great Example of Why Search Results Need to Be Tested
 eDiscovery Searching: A Great Example of Why Search Results Need to Be Tested 150 150 CloudNine

In my efforts to stay abreast of current developments in eDiscovery (and also to identify great blog post ideas!), I subscribe to and read a number of different sources for information. That includes some of the “web crawling” services that identify articles, press releases and other publications such as the Pinhawk Law Technology Daily Digest, which is one of my favorite resources and always has interesting stories to read. I also have a Google Alert set up to deliver stories on “e-Discovery” via a daily email. But, sometimes these resources don’t retrieve what you might expect.

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State eDiscovery Rules: Florida Moves to Adopt New Civil Procedure Rules on eDiscovery
 State eDiscovery Rules: Florida Moves to Adopt New Civil Procedure Rules on eDiscovery 150 150 CloudNine

Florida is currently preparing to adopt a set of changes to its Rules of Civil Procedure with regard to discovery of ESI, closely founded on the changes made to the Federal Rules in 2006. Based on the recommendation of the Florida Civil Rules Electronic Discovery Subcommittee, the full Rules Committee voted on implementing changes now rather than waiting until 2013 when these rules would normally be considered.

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Marketing a Litigation Support / eDiscovery Department within a Law Firm: The “Marketing Mind-Set”
 Marketing a Litigation Support / eDiscovery Department within a Law Firm: The “Marketing Mind-Set” 150 150 CloudNine

As we discussed yesterday, successful marketing of a litigation support / eDiscovery department within a law firm is a significant “key to success” to the success of such a department. For marketing efforts to be successful in a law firm, they have to be approached with the right “mind-set”. This may require making some adjustments to how litigation support / eDiscovery department members think about marketing, and perhaps even some adjustments to how the department operates.

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Marketing a Litigation Support / eDiscovery Department within a Law Firm: Introduction
 Marketing a Litigation Support / eDiscovery Department within a Law Firm: Introduction 150 150 CloudNine

You may have seen the movie “Field of Dreams”. In that film, Ray – the main character – builds a baseball field on his farm in Iowa. Famous, deceased baseball players like Shoeless Joe Jackson appear to play ball on the field, and fans travel from all over to watch the ball games. Throughout the movie, a voice tells Ray “If you build it, they will come”. If you look this film up in a movie directory, it’s categorized as a “fantasy”. And this statement is a fantasy too. This just doesn’t work in real life. We have to do more than build something.

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eDiscovery Trends: Opinions…Everybody Has One
 eDiscovery Trends: Opinions…Everybody Has One 150 150 CloudNine

With the number of presidential candidacy polls already being conducted with over a year(!) before the 2012 presidential election, it’s no surprise that just about everyone is willing to express an opinion on just about anything. With that in mind, one of the best eDiscovery blogs out there, Ralph Losey’s e-Discovery Team blog, is currently conducting a confidential poll of its readers related to various eDiscovery topics.

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eDiscovery Law: Model Order Proposes to Limit eDiscovery in Patent Cases
 eDiscovery Law: Model Order Proposes to Limit eDiscovery in Patent Cases 150 150 CloudNine

A recent article in Texas Lawyer discussed the new model order proposed by Federal Circuit Chief Judge Randall Rader as a measure against the “excesses” of eDiscovery production. As noted at the 2011 Eastern District of Texas Bench Bar Conference in Irving last week, the “Model Order on E-Discovery in Patent Cases” was unanimously voted on by the Federal Circuit Advisory Council and, as a result, could significantly alter the way discovery materials are used in patent cases.

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eDiscovery Trends: Sometimes the Vendor Sues the Law Firm – And Wins!
 eDiscovery Trends: Sometimes the Vendor Sues the Law Firm – And Wins! 150 150 CloudNine

The eDiscovery malpractice case involving McDermott, Will & Emery has captured considerable interest in the industry and this blog, with recent posts to relate developments in the case associated with inadvertent production of 3,900 privileged documents. Sometimes, the “shoe is on the other foot”, so to speak.

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eDiscovery Case Law: Court Says Lack of eDiscovery Rules for Criminal Cases is a Crime
 eDiscovery Case Law: Court Says Lack of eDiscovery Rules for Criminal Cases is a Crime 150 150 CloudNine

A New York district court recently ordered the United States Government to reproduce thousands of pages of electronic discovery materials in a criminal case involving the distribution of cocaine. In United States v. Briggs, the Government produced thousands of pages of electronic documents and a number of audio recordings, none of which were text searchable. The court ultimately decided that the onus of producing searchable materials for eDiscovery fell on the Government itself.

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