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 Best Practices: Your ESI Collection May Be Larger Than You Think
 eDiscovery Best Practices: Your ESI Collection May Be Larger Than You Think 150 150 CloudNine

Here’s a sample scenario: You identify custodians relevant to the case and collect files from each. Roughly 100 gigabytes (GB) of Microsoft Outlook email PST files and loose “efiles” is collected in total from the custodians. You identify a vendor to process the files to load into a review tool, so that you can perform first pass review and, eventually, linear review and produce the files to opposing counsel. After processing, the vendor sends you a bill – and they’ve charged you to process over 200 GB!! What happened?!?

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eDiscovery Trends: Jurors and Social Media Don’t Mix
 eDiscovery Trends: Jurors and Social Media Don’t Mix 150 150 CloudNine

Discovery of social media is continuing to increase as a significant issue for organizations to address, with more and more cases addressing the topic, including this one and this one that have reached various conclusions regarding the discoverability of social media. However, when it comes to social media, courts agree on one thing: jurors and social media don’t mix. Courts have consistently rejected attempts by jurors to use social technology to research or to communicate about a case, and have increasingly provided pre-trial and post-closing jury instructions to jurors to dissuade them from engaging in this practice.

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Working Successfully with eDiscovery and Litigation Support Service Providers: Dotting the I’s and Crossing the T’s
 Working Successfully with eDiscovery and Litigation Support Service Providers: Dotting the I’s and Crossing the T’s 150 150 CloudNine

Yesterday, we talked about information to include in a Request for Proposal (RFP) to request eDiscovery and litigation support services. Before moving forward with a service provider for a project, there are a few due diligence steps you should take to protect yourself and your case-sensitive information.

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Working Successfully with eDiscovery and Litigation Support Service Providers: Information to Provide in an RFP
 Working Successfully with eDiscovery and Litigation Support Service Providers: Information to Provide in an RFP 150 150 CloudNine

Open, two-way communication with a service provider is absolutely critical to a successful project. It needs to start early, even before a project starts. For many projects, it starts with the Request for Proposal (RFP). Your goal with an RFP is to get good information from a vendor: information on pricing, information on schedule, information on approach, and information on deliverables. To give you complete, accurate information, they need information from you.

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eDiscovery Best Practices: Testing Your Search Using Sampling
 eDiscovery Best Practices: Testing Your Search Using Sampling 150 150 CloudNine

Friday, we talked about how to determine an appropriate sample size to test your search results as well as the items NOT retrieved by the search, using a site that provides a sample size calculator. Yesterday, we talked about how to make sure the sample size is randomly selected. Today, we’ll walk through an example of how you can test and refine a search using sampling.

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eDiscovery Best Practices: A “Random” Idea on Search Sampling
 eDiscovery Best Practices: A “Random” Idea on Search Sampling 150 150 CloudNine

Friday, we talked about how to determine an appropriate sample size to test your search results as well as the items NOT retrieved by the search, using a site that provides a sample size calculator. Today, we’ll talk about how to make sure the sample size is randomly selected.

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eDiscovery Best Practices: Determining Appropriate Sample Size to Test Your Search
 eDiscovery Best Practices: Determining Appropriate Sample Size to Test Your Search 150 150 CloudNine

We’ve talked about searching best practices quite a bit on this blog. One part of searching best practices (as part of the “STARR” approach I described in an earlier post) is to test your search results (both the result set and the files not retrieved) to determine whether the search you performed is effective at maximizing both precision and recall to the extent possible, so that you retrieve as many responsive files as possible without having to review too many non-responsive files. One question I often get is: how many files do you need to review to test the search?

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Working Successfully with eDiscovery and Litigation Support Service Providers: The Evaluation Process
 Working Successfully with eDiscovery and Litigation Support Service Providers: The Evaluation Process 150 150 CloudNine

Sometimes selecting a service provider for a project will be a quick, easy process. You may have a small project — similar to others you’ve handled — that you need to get up and running quickly. If you have a list of good vendors with which you’ve worked, it may be as easy as a phone call or two to check availability and you’ll be all set. In other cases, your selection process may be more involved. Perhaps you are looking to build a preferred vendor program or you’ve got a large case involving many stakeholders who are looking for a thorough evaluation. When a thorough evaluation is needed, here’s a suggested approach.

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eDiscovery Case Law: Destroy Data, Pay $1 Million, Lose Case
 eDiscovery Case Law: Destroy Data, Pay $1 Million, Lose Case 150 150 CloudNine

A federal judge in Chicago has levied sanctions against Rosenthal Collins Group LLC and granted a default judgment to the defendant for misconduct in a patent infringement case, also ordering the Chicago-based futures broker’s counsel to pay “the costs and attorneys fees incurred in litigating this motion” where plaintiff’s agent modified metadata related to relevant source code and wiped several relevant disks and devices prior to their production and where the court found counsel participated in “presenting misleading, false information, materially altered evidence and willful non-compliance with the Court’s orders.”

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Working Successfully with eDiscovery and Litigation Support Service Providers: Other Evaluation Criteria
 Working Successfully with eDiscovery and Litigation Support Service Providers: Other Evaluation Criteria 150 150 CloudNine

In the last posts in this blog series, we talked about evaluating service provider pricing, quality, scalability and flexibility. There are a few other things you may wish to look at as well, that may be especially significant for large, long-term projects or relationships.

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