Our Insights on eDiscovery

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eDiscovery Trends: Wednesday LTNY Sessions
 eDiscovery Trends: Wednesday LTNY Sessions 150 150 CloudNine

As noted Monday and yesterday, LegalTech New York 2011 (LTNY) is happening this week and eDiscoveryDaily is here to report about the latest eDiscovery trends being discussed at the show. The show wraps up today and, by most accounts, the attitude at the show is considerably more upbeat over last year’s show. Last chance to check out the show if you’re in the New York area! If you can brave the weather, which hasn’t been THAT bad so far, there are still several sessions (both paid and free) available and over 240 exhibitors providing information on their products and services.

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eDiscovery Trends: Tuesday LTNY Sessions
 eDiscovery Trends: Tuesday LTNY Sessions 150 150 CloudNine

As noted yesterday, LegalTech New York 2011 (LTNY) is happening this week and eDiscoveryDaily is here to report about the latest eDiscovery trends being discussed at the show. There’s still time to check out the show if you’re in the New York area with a number of sessions (both paid and free) available and over 240 exhibitors providing information on their products and services.

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eDiscovery Trends: Welcome to LegalTech New York 2011!
 eDiscovery Trends: Welcome to LegalTech New York 2011! 150 150 CloudNine

Today is the start of LegalTech New York 2011 (LTNY) and eDiscoveryDaily is here to report about the latest eDiscovery trends being discussed at the show. Over the next three days, we will provide a description each day of some of the sessions related to eDiscovery to give you a sense of the topics being covered. If you’re in the New York area, I encourage you to check out the show – there are a number of sessions (both paid and free) available and over 240 exhibitors providing information on their products and services.

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Vote for the Most Significant eDiscovery Case of 2010!
 Vote for the Most Significant eDiscovery Case of 2010! 150 150 CloudNine

Since it’s awards season, we thought we would get into the act from an eDiscovery standpoint. Sure, you have Oscars, Emmys and Grammys – but what about “EDDies”? So, we’re conducting a ‘little experiment’ to see what the readers of eDiscoveryDaily think about case law developments in 2010. This is our first annual “EDDies” award to select the case with the most significant impact on eDiscovery practices in 2010. We have “nominated” five cases, with a link to review more information about each case, and a link at the bottom of this post to cast your vote. Vote now!

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eDiscovery Case Law: When is Attorney-Client Communication NOT Privileged?
 eDiscovery Case Law: When is Attorney-Client Communication NOT Privileged? 150 150 CloudNine

When is Attorney-Client Communication NOT Privileged? One answer: When it’s from your work email account, and your employer has a written policy that company email is not private and subject to audit. Oh, and you’re suing your employer.

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Managing an eDiscovery Contract Review Team: Identify a Project Manager
 Managing an eDiscovery Contract Review Team: Identify a Project Manager 150 150 CloudNine

Yesterday, we talked about applying topic codes to the documents to identify helpful or harmful documents. Today, we will talk about identifying a project manager for the review. A good, experienced project manager is critical to the success of your review project. In fact, the project manager is the most important part of the equation.

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Managing an eDiscovery Contract Review Team: Applying Topic Codes in the Document Review
 Managing an eDiscovery Contract Review Team: Applying Topic Codes in the Document Review 150 150 CloudNine

So far we’ve covered drafting criteria for responsiveness and for privilege. You may, however, be asking the review team to do more than that in the document review. You might, for example, ask them to apply topic codes to the documents or to identify helpful or harmful documents. At this point in the case, you will be better off keeping this very simple. There are several reasons for this.

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eDiscovery Searching: For Defensible Searching, Be a "STARR"
 eDiscovery Searching: For Defensible Searching, Be a "STARR" 150 150 CloudNine

Defensible searching has become a priority in eDiscovery as parties in several cases have experienced significant consequences (including sanctions) for not implementing a defensible search strategy in responding to discovery requests. I have an acronym that I use to reflect the defensible search process. I call it “STARR” – as in “STAR” with an extra “R” or Green Bay Packer football legend Bart Starr (sorry, Bears fans!). For each search that you need to conduct, here’s how it goes.

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eDiscovery Trends: Metadata Mining Ethics
 eDiscovery Trends: Metadata Mining Ethics 150 150 CloudNine

Years ago, I put together a CLE course about metadata awareness and how hidden data (such as tracked changes and comments) can cause embarrassment or even inadvertent disclosures in eDiscovery. The production of metadata with ESI continues to be a big issue in eDiscovery and organizations need to consider how to handle that metadata (especially if it’s hidden), to avoid issues. Last fall, the American Bar Association published an article with a look at metadata ethics opinions, which have focused on three topics with regard to metadata production.

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eDiscovery Case Law: Privilege Waived for Produced Servers
 eDiscovery Case Law: Privilege Waived for Produced Servers 150 150 CloudNine

If you were at the International Legal Technology Association (ILTA) trade show this past August, you may have noticed a huge unfinished building in the middle of the strip – the Fontainebleau Resort. It sits idle after financing was pulled, forcing Fontainebleau Las Vegas LLC to file for Chapter 11 bankruptcy in June of 2009. Naturally, lawsuits followed, between the Term Lenders and Fontainebleau Resort, LLC (FRLLC), the third party parent of Fontainebleau Las Vegas – In re Fontainebleau Las Vegas Contract Litig., (S.D. Fla. Jan 7, 2011).

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