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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eDiscovery Budgeting, Part 1: Assumptions and Elements that Contribute to Cost
 eDiscovery Budgeting, Part 1: Assumptions and Elements that Contribute to Cost 150 150 CloudNine

While attorneys may struggle with the regional and international regulations surrounding eDiscovery, your client is likely to be less concerned with the practical legal details of your discovery request, and more concerned with the financial cost. Whether you’re working with the plaintiff or the defense, one of the most important considerations in preparing for eDiscovery is presenting the expense accurately and completely to the client – and that means understanding for yourself the factors that go into budgeting for eDiscovery.

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eDiscovery Trends: How Blocking Statutes Affect International eDiscovery
 eDiscovery Trends: How Blocking Statutes Affect International eDiscovery 150 150 CloudNine

Over the past few weeks, we’ve discovered several challenges associated with international eDiscovery. In the course of pursuing discovery requests in foreign nations, US lawyers also often run into another serious legal snag: blocking statutes. These statutes prevent certain types of information from leaving the country where it originates, and can interfere with discovery of evidence in a number of ways.

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Working Successfully with eDiscovery and Litigation Support Service Providers: Preparing an eDiscovery Processing RFP, Part 2
 Working Successfully with eDiscovery and Litigation Support Service Providers: Preparing an eDiscovery Processing RFP, Part 2 150 150 CloudNine

Yesterday, we talked about the information you should include in a request for proposal for eDiscovery processing. Today we’ll review some questions you should ask of a service provider to help you to select the one that’s the best fit for your case.

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Working Successfully with eDiscovery and Litigation Support Service Providers: Preparing an eDiscovery Processing RFP
 Working Successfully with eDiscovery and Litigation Support Service Providers: Preparing an eDiscovery Processing RFP 150 150 CloudNine

Last week, we covered preparing a RFP for eDiscovery Collection and Forensics. This week’s RFP discussion will focus on processing eDiscovery, and today we’ll cover the information you should provide to a vendor regarding your collection and your requirements. Remember, the more thorough you are, the better the vendor will be able to gauge the scope and complexity of your project.

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eDiscovery Case Law: Meet and Confer is Too Late for Preservation Hold
 eDiscovery Case Law: Meet and Confer is Too Late for Preservation Hold 150 150 CloudNine

A US District court in Indiana ruled on June 28, 2011 in favor of a motion for an Order to Secure Evidence in an employment discrimination lawsuit. The defendant had given the plaintiff reason to believe that emails and other relevant documents might be destroyed prior to Rule 26(f) meeting between the parties or Rule 16(b) discovery conference with the court. As a result, the plaintiff formally requested a litigation hold on all potentially relevant documents, which was approved by US Magistrate Judge Andrew Rodovich.

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eDiscovery Case Law: Connecticut Approves Rules Updates Governing eDiscovery
 eDiscovery Case Law: Connecticut Approves Rules Updates Governing eDiscovery 150 150 CloudNine

Last year, eDiscovery Daily identified states that have not currently enacted any rules changes for eDiscovery. One of the states that had previously enacted eDiscovery rules changes – Connecticut – has updated their rules as Superior Court judges made several amendments to the Connecticut Practice Book that will affect eDiscovery and other legal practices in Connecticut courts.

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eDiscovery Trends: Privacy is a Priority When Conducting International Discovery
 eDiscovery Trends: Privacy is a Priority When Conducting International Discovery 150 150 CloudNine

US lawsuits are very public, involving discovery and other public disclosures that go against the cultural traditions and laws of many nations in other parts of the world. In the European Union (EU), for instance, many countries have privacy protection laws that forbid the disclosure of “personal information” – and the definition of personal information here can mean anything from addresses and phone numbers to even the names of individuals if they are used in work reports and business documents.

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Working Successfully with eDiscovery and Litigation Support Service Providers: Preparing a Collection & Forensics RFP, Part 2
 Working Successfully with eDiscovery and Litigation Support Service Providers: Preparing a Collection & Forensics RFP, Part 2 150 150 CloudNine

Yesterday, we talked about the information you should include in a request for proposal for eDiscovery Collection and Forensics services. Of course, that’s only half the picture. To determine if a vendor is a good choice, you’ll also need to ask questions about the vendor’s offerings and experience and ask them for information about their operations.

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eDiscovery Trends: An Insufficient Password Will Thwart Even The Most Secure Site
 eDiscovery Trends: An Insufficient Password Will Thwart Even The Most Secure Site 150 150 CloudNine

Several months ago, we talked about how most litigators have come to accept that Software-as-a-Service (SaaS) systems are secure. However, according to a recent study by the Ponemon Institute, the chance of any business being hacked in the next 12 months is a “statistical certainty”. No matter how secure a system is, whether it’s local to your office or stored in the “cloud”, an insufficient password that can be easily guessed can allow hackers to get in and steal your data.

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eDiscovery Case Law: A Pennsylvania Court Conducts Its Own Social Media Relevancy Review
 eDiscovery Case Law: A Pennsylvania Court Conducts Its Own Social Media Relevancy Review 150 150 CloudNine

Pennsylvania seems to be taking the lead in setting social media discovery precedents, as evidenced by this case summarized on eDiscovery Daily earlier this week. In this case, a Pennsylvania court agreed to review a plaintiff’s Facebook account in order to determine which information is subject to discovery in a case relating to the plaintiff’s claim of injury in a motor vehicle accident.

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