Our Insights on eDiscovery

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State eDiscovery Rules: States without eDiscovery Rules Changes
 State eDiscovery Rules: States without eDiscovery Rules Changes 150 150 CloudNine

At the beginning of next year, 37 out of 51 states will have adopted at least some procedural rules which address eDiscovery issues. That leaves 14 states (including District of Columbia) that have not enacted any rules changes that address discovery of ESI. Here they are.

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eDiscovery Trends: Predictive Coding Strategy and Survey Results
 eDiscovery Trends: Predictive Coding Strategy and Survey Results 150 150 CloudNine

Yesterday, we introduced the Virtual LegalTech online educational session Frontiers of E-Discovery: What Lawyers Need to Know About “Predictive Coding” and defined predictive coding while also noting the two “learning” methods that most predictive coding mechanisms use to predict document classifications. The session also focused on strategies for using predictive coding and results of the TREC 2010 Legal Track Learning Task on the effectiveness of “Predictive Coding” technologies, which we discuss today.

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eDiscovery Trends: What the Heck is “Predictive Coding”?
 eDiscovery Trends: What the Heck is “Predictive Coding”? 150 150 CloudNine

Yesterday, ALM hosted another Virtual LegalTech online “live” day online. One of yesterday’s sessions was “Frontiers of E-Discovery: What Lawyers Need to Know About ‘Predictive Coding'”. The highly qualified panel discussed a number of topics related to predictive coding, including practical applications and results of the TREC 2010 Legal Track study on the effectiveness of “Predictive Coding” technologies. But first, it’s important to understand what predictive coding is.

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eDiscovery Project Management: Effectively Manage your Clients
 eDiscovery Project Management: Effectively Manage your Clients 150 150 CloudNine

If you work in a law firm, your clients are in-house: they are the litigation teams in your own firm. It’s important that you maintain good lines of communication with them throughout a project and that you have a mutual understanding, from the start, of what’s expected. That, of course, starts with setting expectations.

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eDiscovery Tips: SaaS and eDiscovery – More Top Considerations
 eDiscovery Tips: SaaS and eDiscovery – More Top Considerations 150 150 CloudNine

Friday, we began talking about the article entitled Top 7 Legal Things to Know about Cloud, SaaS and eDiscovery on CIO Update.com, written by David Morris and James Shook from EMC. The article relates to storage of ESI within cloud and SaaS providers and looks at key eDiscovery issues that must be addressed for organizations using public cloud and SaaS offerings for ESI. Here are thoughts regarding the remaining four issues from the article.

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eDiscovery Tips: SaaS and eDiscovery – Top Considerations
 eDiscovery Tips: SaaS and eDiscovery – Top Considerations 150 150 CloudNine

There was an interesting article this week regarding Software as a Service (SaaS) and eDiscovery entitled Top 7 Legal Things to Know about Cloud, SaaS and eDiscovery on CIO Update.com, written by David Morris and James Shook from EMC. The article relates to storage of ESI within cloud and SaaS providers and the key requirements that must be addressed by adopters of cloud technology for their ESI.

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eDiscovery Trends: Facemail Unlikely to Replace Traditional Email
 eDiscovery Trends: Facemail Unlikely to Replace Traditional Email 150 150 CloudNine

In a November post on eDiscoveryDaily, we reported that Facebook announced on November 15 that it’s rolling out a new messaging system, including chat, text messaging, status updates and email (informally dubbed “Facemail”) that would bring messaging systems together in one place. However, Facemail isn’t likely to replace users’ current email accounts, according to an online poll currently being conducted by the Wall Street Journal.

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eDiscovery Project Management: Effectively Working with a Service Provider
 eDiscovery Project Management: Effectively Working with a Service Provider 150 150 CloudNine

Yesterday, we discussed effectively communicating with a service provider before a project even starts. To ensure successful results with service provider work, there are a few things you should do throughout the life of a project.

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eDiscovery Project Management: Effectively Manage Service Providers — Upfront Communication
 eDiscovery Project Management: Effectively Manage Service Providers — Upfront Communication 150 150 CloudNine

Some of the tasks that you manage may be better handled by a service provider. A service provider may be able to deliver high quality work on a schedule that might be impossible for you to meet. This doesn’t mean that you need to give up control of a project. In fact, you shouldn’t. A good service provider will encourage you to stay involved and to communicate frequently with them throughout the project.

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eDiscovery Best Practices: Data Mapping for Litigation Readiness
 eDiscovery Best Practices: Data Mapping for Litigation Readiness 150 150 CloudNine

The meet and confer is required 90-100 days after the case has been filed and, at that meeting the parties must disclose to each other “a description…and location of, all documents, electronically stored information and tangible things…that the disclosing party may use to support its claims or defenses”. That’s not much time. The best way for organizations to address this potential issue is proactively, before litigation even begins, by preparing a data map.

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