Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.
Close
Enter your
text here
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.

read more
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.

read more
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.

read more
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.

read more
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.

read more
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.

read more
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.

read more
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.

read more
SaaS and eDiscovery: Load Your Own Data
 SaaS and eDiscovery: Load Your Own Data 150 150 CloudNine

Software as a Service (SaaS) applications have also become increasingly popular in eDiscovery (especially for review and production of ESI) with several eDiscovery SaaS applications available that provide numerous benefits. However, most eDiscovery SaaS applications do not enable the user to upload their own data. Or, if they do, it can be costly.

read more
eDiscovery Project Management: Assign the Right People
 eDiscovery Project Management: Assign the Right People 150 150 CloudNine

Last week, on Wednesday and Thursday, we talked about assembling an electronic discovery team. That’s not the only team you might need. You may need to assemble a team for a specific task — for example, for a document review. It’s essential that you assign the right type of people to a task. For many litigation projects, this means deciding whether attorneys or non-attorneys will do the work.

read more