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: Does Size Matter?
 eDiscovery Best Practices: Does Size Matter? 150 150 CloudNine

I frequently get asked how big does an ESI collection need to be to benefit from eDiscovery technology. In a recent case with one of my clients, the client had a fairly small collection – only about 4 GB. But, when a judge ruled that they had to start conducting depositions in a week, they needed to review that data in a weekend. Without FirstPass™, powered by Venio FPR™ to cull the data and OnDemand® to manage the linear review, they would not have been able to make that deadline. So, they clearly benefited from the use of eDiscovery technology in that case. But, if you’re not facing a tight deadline, how large does your collection need to be for the use of eDiscovery technology to provide benefits?

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eDiscovery Best Practices: Is Disclosure of Search Terms Required?
 eDiscovery Best Practices: Is Disclosure of Search Terms Required? 150 150 CloudNine

I read a terrific article a couple of days ago from the New York Law Journal via Law Technology News entitled Search Terms Are More Than Mere Words, that had some interesting takes about the disclosure of search terms in eDiscovery. The article was written by David J. Kessler, Robert D. Owen, and Emily Johnston of Fulbright & Jaworski. The primary emphasis of the article was with regard to the forced disclosure of search terms by courts.

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Working Successfully with eDiscovery and Litigation Support Service Providers: Capacity, Scalability, and Flexibility
 Working Successfully with eDiscovery and Litigation Support Service Providers: Capacity, Scalability, and Flexibility 150 150 CloudNine

In the last couple of blogs in this series, we talked about evaluating service-provider pricing and quality. The highest-quality, fairest-priced vendor is of no use to you, however, if they can’t get your work done by when you need it. And, unfortunately, it’s not as straightforward as telling them what you have, what you need, and by when you need it. Early in an ediscovery project, you are in a world of “unknowns”. You are working with assumptions and best guesses, and the only thing you know for sure is that things will change. One thing, however, most likely won’t change: your schedule.

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eDiscovery Best Practices: What is “Reduping?”
 eDiscovery Best Practices: What is “Reduping?” 150 150 CloudNine

As emails are sent out to multiple custodians, deduplication (or “deduping”) has become a common practice to eliminate multiple copies of the same email or file from the review collection, saving considerable review costs and ensuring consistency by not having different reviewers apply different responsiveness or privilege determinations to the same file. Deduping can be performed either across custodians in a case or within each custodian. Everyone who works in electronic discovery knows what “deduping” is. But how many of you know what “reduping” is?

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eDiscovery Daily Celebrates its “Sixmonthiversary”
 eDiscovery Daily Celebrates its “Sixmonthiversary” 150 150 CloudNine

Six months ago yesterday, eDiscovery Daily was launched. At the time of our launch, we pondered whether we were crazy to commit to a daily blog (albeit restricted to business days). But, I guess it’s a sign of how much the eDiscovery industry has grown in that there has not been a shortage of topics to address; instead, the challenge has been selecting which topics to address. And, so far, we haven’t missed a business day yet (knock on wood!).

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eDiscovery Case Law: Read Inadvertent Email, Get Disqualified from Case
 eDiscovery Case Law: Read Inadvertent Email, Get Disqualified from Case 150 150 CloudNine

Lesson of the day: When you receive an inadvertently sent privileged email, read it and don’t disclose receipt of it, you can get kicked off the case. In Terraphase Engineering, Inc., et al. v. Arcadis, U.S., Inc, the court disqualified defendant’s in-house and outside counsel for their handling of a disputed privileged email that was inadvertently sent by the plaintiffs’ counsel to the defendant and shared with defendant’s outside counsel.

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eDiscovery Case Law: Deliberately Produce Wrong Cell Phone, Get Sanctioned
 eDiscovery Case Law: Deliberately Produce Wrong Cell Phone, Get Sanctioned 150 150 CloudNine

In Moreno v. Ostly, the California Court of Appeals affirmed the trial court’s award of monetary sanctions imposed against the plaintiff and her law firm in the amount of $13,500 for counsel and plaintiff’s discovery misconduct related to the preservation of text messages.

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

Yesterday, we talked about evaluating service-provider pricing. That, of course, is just part of the picture. You need a service provider that can and does provide high-quality work that meets your expectations.

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Working Successfully with eDiscovery and Litigation Support Service Providers: Evaluating Price
 Working Successfully with eDiscovery and Litigation Support Service Providers: Evaluating Price 150 150 CloudNine

When you are looking for help with handling discovery materials, there are hundreds of service providers to choose from. It’s important that you choose one that can meet your schedule, has fair pricing and does high-quality work. But there are other things you should look at as well. In the next few blogs in this series, we’re going to discuss what you should be looking at when you evaluate a service provider. Note that these points are not covered in order of importance. The importance of any single evaluation point will vary from case to case and will depend on things like the type of service you are looking for, the duration of the project, the complexity of the project, and the size of the project. Let’s start with Price.

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eDiscovery Trends: Despite What NY Times Says, Lawyers Not Going Away
 eDiscovery Trends: Despite What NY Times Says, Lawyers Not Going Away 150 150 CloudNine

There was a TV commercial in the mid-80’s where a soap opera actor delivered the line “I’m not a doctor, but I play one on TV”. A few days ago, The New York Times published an article entitled “Armies of Expensive Lawyers, Replaced by Cheaper Software” which discussed how, using ‘artificial intelligence, “e-discovery” software can analyze documents in a fraction of the time for a fraction of the cost’. The article goes on to discuss whether this will precipitate a march to the unemployment line for scores of attorneys.

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