Our Insights on eDiscovery

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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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eDiscovery Trends: Some SaaS Benefits for eDiscovery
 eDiscovery Trends: Some SaaS Benefits for eDiscovery 150 150 CloudNine

I found an interesting article on Ezine Articles by Sharon Gonzalez, a freelance technical writer with 15 years experience writing on various technical subjects, especially in the areas of cloud computing, Software as a Service (SaaS), and Internet technologies. The article entitled EDiscovery on SaaS, discusses some of the benefits of SaaS solutions for eDiscovery.

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Case Law: Spoliate Evidence and Go to Jail–OR NOT?!?
 Case Law: Spoliate Evidence and Go to Jail–OR NOT?!? 150 150 CloudNine

As previously referenced in eDiscovery Daily, defendant Mark Pappas, President of Creative Pipe, Inc., was ordered by Judge Paul W. Grimm to “be imprisoned for a period not to exceed two years, unless and until he pays to Plaintiff the attorney’s fees and costs that will be awarded to Plaintiff as the prevailing party”. Not so fast.

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eDiscovery Project Management: Effectively Manage Your Staff
 eDiscovery Project Management: Effectively Manage Your Staff 150 150 CloudNine

An important part of managing a project is effectively managing the people doing the work and keeping them motivated. This is especially critical when you need a lot of people for a task – for example, a document review project. One weak link can result in poor work that needs to be redone.

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eDiscovery Project Management: Maintain Good Records
 eDiscovery Project Management: Maintain Good Records 150 150 CloudNine

Project documentation is a weakness that I’ve seen time and again in firms that I’ve helped. And, I’ve seen it cause problems over and over again. I’ve worked with attorneys who have done a great job of collecting and producing documents, but, nonetheless, they have trouble successfully resolving discovery disputes. Why? Because they didn’t keep records of what they did and how they did it.

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