Our Insights on eDiscovery

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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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eDiscovery Case Law: U.S. Court Rules on ECPA Protection of Emails in the Cloud
 eDiscovery Case Law: U.S. Court Rules on ECPA Protection of Emails in the Cloud 150 150 CloudNine

An October 3 decision by the Ninth Circuit Court of Appeals offers new clarity in defining and protecting the eDiscovery rights of non-U.S. nationals using U.S. services online, by ruling that emails stored on servers located within the U.S. are protected by national laws on ESI.

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Marketing a Litigation Support / eDiscovery Department within a Law Firm: The “Marketing Mind-Set”, Part 3
 Marketing a Litigation Support / eDiscovery Department within a Law Firm: The “Marketing Mind-Set”, Part 3 150 150 CloudNine

In the last two posts, we’ve talked about some “marketing mind-set” principles that are appropriate for a litigation support / eDiscovery department. There’s just one more for you to consider.

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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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