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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Working Successfully with eDiscovery and Litigation Support Service Providers: Keeping a Preferred Vendor Program Up to Date, Part 2
 Working Successfully with eDiscovery and Litigation Support Service Providers: Keeping a Preferred Vendor Program Up to Date, Part 2 150 150 CloudNine

Last week, we began talking about keeping a preferred vendor program up to date, and we covered establishing criteria to evaluate vendors after every project. Here are the remaining steps in establishing a mechanism for keeping your preferred vendor program fresh and up to date.

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Social Tech eDiscovery: Use of Smarsh for Social Media Archiving
 Social Tech eDiscovery: Use of Smarsh for Social Media Archiving 150 150 CloudNine

The online world thrives on social media, but for attorneys who must preserve sensitive social media data for discovery, the widespread growth of social technology presents a laundry list of problems. Fortunately, there are viable solutions that enable you to create a backup of all social networking activity and archive such information in the event it has to be produced in discovery. Here’s one.

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eDiscovery Case Law: Completing Production AFTER Trial is Too Late
 eDiscovery Case Law: Completing Production AFTER Trial is Too Late 150 150 CloudNine

In DL v. District of Columbia, repeated, flagrant, and unrepentant failures of the District of Columbia to comply with discovery orders, failure to supplement discovery responses, and eventual production of thousands of e-mails—some more than two years old—after the date of trial resulted in a sanction of waiver of privilege over documents sought by plaintiffs.

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eDiscovery Trends: Email Footers Give Privilege Searches the Boot
 eDiscovery Trends: Email Footers Give Privilege Searches the Boot 150 150 CloudNine

Many organizations add email disclaimers to their emails for legal protection to attempt to protect themselves from legal threats such as breach of confidentiality or accidental breach of privilege. However, when it comes time to collect and search email collections for confidentiality and privilege, these email footers can wreak havoc with those searches. Searches for the words “confidential” or “privileged” will essentially be rendered useless as they will literally retrieve every email with the email disclaimer footer in it. So, what to do?

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Working Successfully with eDiscovery and Litigation Support Service Providers: Keeping a Preferred Vendor Program Up to Date
 Working Successfully with eDiscovery and Litigation Support Service Providers: Keeping a Preferred Vendor Program Up to Date 150 150 CloudNine

In the last several posts in this series, we talked about evaluating and selecting vendors for a preferred vendor program. Once that’s done, you still have a bit of work to do before rolling out your program. You need to establish a mechanism for on-going evaluation of the vendors on your list. This is an important component of the program – you need to monitor the work of the vendors on your list to ensure that they continue to meet your requirements and live up to your expectations. Here’s the first step in developing this part of the program.

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eDiscovery Case Law: Sue Me and Lose? Pay My Costs.
 eDiscovery Case Law: Sue Me and Lose? Pay My Costs. 150 150 CloudNine

In a ruling that may give some plaintiffs’ lawyers pause, a federal judge in Pittsburgh has ruled that the winning defendants in an antitrust case are entitled to reimbursement of more than $367,000 in eDiscovery costs.

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eDiscovery Trends: The Only Prescription is More Cloud
 eDiscovery Trends: The Only Prescription is More Cloud 150 150 CloudNine

A famous “philosopher” once said, “I got a fever, and the only prescription is more cowbell”. It seems that many corporations and law firms “got a fever” and “the only prescription is more CLOUD”. As we noted earlier this week, Forrester has forecast that the global Software-as-a-Service (SaaS) “cloud” computing market will grow from 40.7 billion dollars in 2011 to more than 241 billion dollars by 2020 — a six-fold increase. So, there are the predictions. The question is why?

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Working Successfully with eDiscovery and Litigation Support Service Providers: Establishing a Preferred Vendor Program, Part 2
 Working Successfully with eDiscovery and Litigation Support Service Providers: Establishing a Preferred Vendor Program, Part 2 150 150 CloudNine

Yesterday, we covered the first couple of steps in establishing a law firm preferred vendor program. Here are the next steps in the process.

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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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