eDiscovery Daily Blog

In addition to its software and professional services, CloudNine also provides extensive education to eDiscovery practitioners as highlighted by its publication of the eDiscovery Daily Blog. Authored and edited by industry expert Doug Austin, the eDiscovery Daily is the go-to resource for thousands of eDiscovery and eDisclosure professionals seeking to keep up with the latest news and case law in the world of digital discovery.
eDiscovery Case Study: Term List Searching for Deadline Emergencies!
eDiscovery Case Study: Term List Searching for Deadline Emergencies! 150 150 Doug Austin

“We thought we were going to have a month to review this data, but because of a judge’s ruling in the case, we now have to start depo prep for two key custodians on Monday for depositions now scheduled next week”, said Megan Moore, attorney with Steele Sturm, PLLC, in Houston. “We have to complete our review of their files this weekend.” So, what do you do when you have to conduct both a first pass and final review of the data in a weekend?

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eDiscovery Project Management: Preparing a Budget
eDiscovery Project Management: Preparing a Budget 150 150 Jane Gennarelli

Tuesday, we talked about putting together a “big picture plan” for your project. And, yesterday, we provided step-by-step instructions for preparing a schedule for a specific task and identifying the resources you’ll need. Now let’s talk about preparing a budget. Depending on the task, there may be a lot of cost components in your budget. For many projects — for example, a document review project — the biggest cost component will be people.

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eDiscovery Project Management: Identifying Resources and Preparing a Schedule
eDiscovery Project Management: Identifying Resources and Preparing a Schedule 150 150 Jane Gennarelli

Yesterday, we talked about putting together a “big picture plan” for your electronic discovery project. Now let’s move on to the nitty-gritty and get into resource, schedule, and budget details. You need to do detailed planning for each task that you listed in your big picture plan. This means calculating a schedule and a budget and determining the resources you will need.

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eDiscovery Project Management: “Big Picture” Planning
eDiscovery Project Management: “Big Picture” Planning 150 150 Jane Gennarelli

It is unlikely that any project will be successful without good planning – both “big picture” planning and the planning of specific tasks. First you need to look at the 10,000 foot view and identify all the pieces and how they fit together. Then you need to look at the specific pieces and prepare a plan for accomplishing each..

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eDiscovery Project Management: Applying Project Management Techniques to Electronic Discovery
eDiscovery Project Management: Applying Project Management Techniques to Electronic Discovery 150 150 Jane Gennarelli

All too often, electronic discovery projects fall apart. Deadlines are missed, costs exceed estimates, work product is flawed, and there aren’t good records of what was done. These problems can result in costs and hours that can’t be billed, dissatisfied clients, and in really bad situations, sanctions imposed by the court. In so many cases, the problems can be avoided – or at least minimized – if basic, “common sense” project management techniques are applied.

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eDiscovery Best Practices: Cost of Data Storage is Declining – Or Is It?
eDiscovery Best Practices: Cost of Data Storage is Declining – Or Is It? 150 150 Brad Jenkins

I ran across this ad from the early 1980s for a 10 MB disk drive – for $3,398! What a deal! Even in 2000, storage costs were around $20 per GB. Today, 1 TB is available for $100 or less. At these prices, it’s natural for online, accessible data in corporations to rise exponentially. It’s great to have more and more data readily available to you, until you are hit with litigation or regulatory requests. Then, those extra GBs can cost as much as $16K apiece!

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First Pass Review: Domain Categorization of Your Opponent’s Data
First Pass Review: Domain Categorization of Your Opponent’s Data 150 150 Doug Austin

Yesterday, we talked about the use of First Pass Review (FPR) applications to not only conduct first pass review of your own collection, but also to analyze your opponent’s ESI production. Another type of analysis is the use of domain categorization. FirstPass supports domain categorization by providing a list of domains associated with the ESI collection being reviewed, with a count for each domain that appears in emails in the collection. Domain categorization provides several benefits when reviewing your opponent’s ESI.

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First Pass Review: Fuzzy Searching Your Opponent’s Data
First Pass Review: Fuzzy Searching Your Opponent’s Data 150 150 Doug Austin

Yesterday, we talked about the use of First Pass Review (FPR) applications to not only conduct first pass review of your own collection, but also to analyze your opponent’s ESI production. Another type of analysis is the use of fuzzy searching. Attorneys know what terms they’re looking for, but those terms may not often be spelled correctly. Also, opposing counsel may produce a number of image only files that require Optical Character Recognition (OCR), which is usually not 100% accurate.

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First Pass Review: Synonym Searching Your Opponent’s Data
First Pass Review: Synonym Searching Your Opponent’s Data 150 150 Doug Austin

Yesterday, we talked about the use of First Pass Review (FPR) applications (such as FirstPass™, powered by Venio FPR™) to not only conduct first pass review of your own collection, but also to analyze your opponent’s ESI production. Another type of analysis is the use of synonym searching. Attorneys understand the key terminology their client uses, but they often don’t know the terminology their client’s opposition uses because they haven’t interviewed the opposition’s custodians.

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First Pass Review: Of Your Opponent’s Data
First Pass Review: Of Your Opponent’s Data 150 150 Doug Austin

In the past few years, applications that support Early Case Assessment (ECA) (or Early Data Assessment, as I prefer to call it) and First Pass Review (FPR) of ESI have become widely popular in eDiscovery as the analytical and culling benefits of conducting FPR have become obvious. The benefit of these FPR tools to analyze and cull their ESI before conducting attorney review and producing relevant files has become increasingly clear. But, nobody seems to talk about what these tools can do with opponent’s produced ESI.

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