Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.
Working Successfully with eDiscovery and Litigation Support Service Providers: Establishing a Preferred Vendor Program
Working Successfully with eDiscovery and Litigation Support Service Providers: Establishing a Preferred Vendor Program 150 150 CloudNine

Last week, we talked about the components of a preferred vendor program. Establishing a program is a “project”, and should be approached with a solid plan of action. First, identify who will put the program together. The team should be made up of experienced litigation support professionals and it should incorporate input from litigation team members. Once the team is in place, you need a step-by-step approach for moving forward.

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eDiscovery Case Law: Defendant Can’t Be Plaintiff’s Friend on Facebook
eDiscovery Case Law: Defendant Can’t Be Plaintiff’s Friend on Facebook 150 150 CloudNine

In Piccolo v. Paterson, Bucks County, Pa., Common Pleas Court Judge Albert J. Cepparulo denied the motion from the defendant requesting access to the photos of plaintiff Sara Piccolo posted in her Facebook account, rejecting McMillen v. Hummingbird Speedway, Inc., in which the court ordered the plaintiff to provide his username and password to the defendant’s attorney., as a precedent.

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eDiscovery Trends: Forecast for More Clouds
eDiscovery Trends: Forecast for More Clouds 150 150 CloudNine

No, eDiscoveryDaily has not begun providing weather forecasts on our site. Or stock forecasts. But, imagine if you could invest in an industry that could nearly sextuple in nine years? (i.e., multiply six-fold). Well, the cloud computing, or Software-as-a-Service (SaaS), industry may be just the industry for you. According to a Forrester report from last month, the global cloud computing market will grow from 40.7 billion dollars in 2011 to more than 241 billion dollars by 2020. That’s a 200 billion dollar increase in nine years. That’s enough to put anybody “on cloud nine”!

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Working Successfully with eDiscovery and Litigation Support Service Providers: Components of a Preferred Vendor Program
Working Successfully with eDiscovery and Litigation Support Service Providers: Components of a Preferred Vendor Program 150 150 CloudNine

Yesterday, we talked about a couple of different ways in which law firms work with litigation support and eDiscovery vendors. And, we talked about the advantages to a centralized approach and establishing a preferred vendor program. What, exactly, is a preferred vendor program? To most people, it’s having a list of pre-approved vendors that that can be called on as the need arises. That is certainly the core of a preferred vendor program. But, a good program goes a bit further.

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Working Successfully with eDiscovery and Litigation Support Service Providers: A Centralized Approach
Working Successfully with eDiscovery and Litigation Support Service Providers: A Centralized Approach 150 150 CloudNine

Law firms take different approaches to working with vendors. In some firms, individual litigation teams evaluate, select and manage vendors on a case-by-case basis. Other firms take a centralized approach where all vendor activities are coordinated and managed by a centralized litigation support department. And taking that a step further, many firms that use a centralized approach, establish a preferred vendor program. What works best? That probably depends on the culture and organization of a law firm.

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eDiscovery Trends: Wednesday LTWC Sessions
eDiscovery Trends: Wednesday LTWC Sessions 150 150 CloudNine

As noted yesterday, LegalTech West Coast 2011 (LTWC) is happening this week and eDiscoveryDaily is here to report about the latest eDiscovery trends being discussed at the show. There’s still time to check out the show if you’re in the Los Angeles area with a number of sessions (both paid and free) available and over 70 exhibitors providing information on their products and services, including (shameless plug warning!) my company, Trial Solutions, which is previewing a redesigned version 10 release of our linear review application, OnDemand®, prior to release this Saturday.

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eDiscovery Trends: Welcome to LegalTech West Coast 2011!
eDiscovery Trends: Welcome to LegalTech West Coast 2011! 150 150 CloudNine

Today is the start of LegalTech® West Coast 2011 (LTWC) and eDiscoveryDaily is here to report about the latest eDiscovery trends being discussed at the show. Over the next two days, we will provide a description each day of some of the sessions related to eDiscovery to give you a sense of the topics being covered. If you’re in the Los Angeles area, come check out the show – there are a number of sessions (both paid and free) available and over 70 exhibitors providing information on their products and services, including (shameless plug warning!) my company, Trial Solutions, which is previewing a redesigned version 10 release of our linear review application, OnDemand®, prior to release this Saturday.

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eDiscovery Case Law: Cut and Paste Makes the Cut as Evidence
eDiscovery Case Law: Cut and Paste Makes the Cut as Evidence 150 150 CloudNine

In United States v. Lanzon, 2011 WL 1662901 (11th Cir. 2011), the defendant in a criminal case appealed his conviction and raised the issue of whether he prosecution properly authenticated instant messages cut-and-pasted into a Microsoft Word document.

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eDiscovery Best Practices: Usefulness of Facebook’s Self Collection Mechanism
eDiscovery Best Practices: Usefulness of Facebook’s Self Collection Mechanism 150 150 CloudNine

We’ve written about Facebook a lot on this blog. Perhaps our most popular post regarding Facebook was regarding the self collection mechanism that they rolled out last October, which we found out about via our LegalTech interview with Craig Ball published back in March after our February interview. Now, another article has been written about the usefulness of Facebook’s self collection mechanism in the blog E-Discovery Law Alert, entitled “How Useful is Facebook’s ‘Download Your Information’ Feature in E-Discovery?”, written by Patrick V. DiDomenico.

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Working Successfully with eDiscovery and Litigation Support Service Providers: Preventing Quality Problems
Working Successfully with eDiscovery and Litigation Support Service Providers: Preventing Quality Problems 150 150 CloudNine

It starts when you are evaluating and selecting a vendor. Based on your review of a vendor’s qualifications, procedures and technology, along with feedback you’ve received from references, make sure you select a vendor that is likely to do high quality work and that has a good track record. Once a project is underway, look at the vendor’s work to ensure it meets your expectations. This is especially important with work that is labor-intensive. In fact, there are three levels of quality control that you should be doing.

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