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 Trends: Sedona Conference Commentary on Proportionality
 eDiscovery Trends: Sedona Conference Commentary on Proportionality 150 150 CloudNine

Last month, The Sedona Conference® made available its Commentary on Proportionality in Electronic Discovery, which is a project of The Sedona Conference Working Group on Electronic Document Retention & Production (WG1). The commentary is initially being published as a “public comment version”, giving participants in the legal industry an opportunity to provide comments that the editors will review and incorporate edits where appropriate into the final version. A copy of the PDF publication can be downloaded here.

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eDiscovery Trends: CGOC Information Governance Benchmark Report
 eDiscovery Trends: CGOC Information Governance Benchmark Report 150 150 CloudNine

Last month, at the EDRM Mid-Year Meetings, the Information Management Reference Model (IMRM) team within EDRM presented a status report for their project (as all of the project teams do during these meetings). As a part of that presentation, the team presented findings from the first survey conducted by the Compliance, Governance and Oversight Council (CGOC) in collaboration with the IMRM of legal, records management (RIM) and IT practitioners in Global 1000 companies.

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eDiscovery Project Management: Review the Work
 eDiscovery Project Management: Review the Work 150 150 CloudNine

Yesterday, we talked about resolving questions quickly and keeping team members informed about changes to procedures to minimize the chance for significant rework. However, even with the best staff, mistakes happen — especially on projects that require a team of people. There are two general types of errors you can expect.

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eDiscovery Project Management: Resolve Questions Quickly
 eDiscovery Project Management: Resolve Questions Quickly 150 150 CloudNine

Even with the best procedures and thorough training, people who are new to a task will likely have questions. Nuances in a document collection and unexpected situations will surface that don’t fit into your rules. It is very important that questions are resolved quickly. Most document work is repetitive. Many questions, therefore, will apply to more than one document. If a question is not resolved quickly, there is a good chance that many documents will be affected, and you may face significant rework.

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eDiscovery Searching: Types of Exception Files
 eDiscovery Searching: Types of Exception Files 150 150 CloudNine

There are different types of exception files that might be encountered in a typical ESI collection and it’s important to know how those files can be recovered. It’s also important to note that efforts to “fix” these files will often also change the files (and the metadata associated with them), so it’s important to establish with opposing counsel what measures to address the exceptions are acceptable. Some files may not be recoverable and you need to agree up front how far to go to attempt to recover them.

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eDiscovery Searching: Exceptions are the Rule
 eDiscovery Searching: Exceptions are the Rule 150 150 CloudNine

Virtually every collection of electronically stored information (ESI) has at least some files that cannot be effectively searched. Corrupt files, password protected files and other types of exception files are frequent components of your ESI collection and it can become very expensive to make these files searchable or reviewable. Being without an effective plan for addressing these files could lead to problems – even spoliation claims – in your case.

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eDiscovery Project Management: Train the Team — Agenda
 eDiscovery Project Management: Train the Team — Agenda 150 150 CloudNine

Training for a task should be thorough and aimed at teaching the team what they need to know to do the work correctly and efficiently. It should cover project overview information, procedures for doing the work, and sample work. Here’s a sample training agenda for a document review project that you can use as a guide.

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eDiscovery Project Management: Train the Team — Preparation
 eDiscovery Project Management: Train the Team — Preparation 150 150 CloudNine

As critical as procedures are, they aren’t enough. People need to be trained in applying those procedures. Training the staff will get your project off to a good start. Training is especially important for tasks that require a team of people to do the work – for example, a document review project. When a team is doing the work, train them together as a group if that’s possible. That way, different interpretations of the rules will likely surface and team members will benefit from the questions of others.

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eDiscovery Case Law: Discovery Compelled for Social Media Content
 eDiscovery Case Law: Discovery Compelled for Social Media Content 150 150 CloudNine

Discoverability of social-media usage continues to be a hot topic for eDiscovery. Information for litigants’ LinkedIn, Facebook, Twitter and MySpace accounts can be the “smoking gun” for litigators looking to pursue or defend a claim.

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eDiscovery Case Law: Adverse Interference Sanction for Lost Text Messages
 eDiscovery Case Law: Adverse Interference Sanction for Lost Text Messages 150 150 CloudNine

As the sources of electronic files continue to become more diverse, case law associated with those different sources has become more commonplace. One ruling in a case last month resulted in an adverse instruction against the US Government for failing to preserve text messages.

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