Our Insights on eDiscovery

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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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eDiscovery Trends: Sanctions at an All-Time High
 eDiscovery Trends: Sanctions at an All-Time High 150 150 CloudNine

eDiscovery sanctions are at an all-time high, according to a Duke Law Journal law review article. The article summarizes a study of 401 cases involving motions for sanctions related to discovery of electronically stored information (ESI) in federal courts through 2009, with a total of 230 sanction awards in those cases. In an increasing number of cases, more attention is focused on eDiscovery than on the merits, with a motion for sanctions becoming very common.

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eDiscovery Tips: Word’s Stupid “Smart Quotes”
 eDiscovery Tips: Word’s Stupid “Smart Quotes” 150 150 CloudNine

I have run into this issue more times than I can count. A client sends me a list of search terms that they want to use to cull a set of data for review in a Microsoft Word document. I copy the terms into the search tool and then, all hell breaks loose!! Either: The search indicates there is a syntax error — OR — The search returns some obviously odd results. And, then, I remember. It’s those stupid Word “smart quotes”.

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

It’s critical to know where you are on a project so you can compare your progress to your budget and schedule and make adjustments if necessary. Sometime the unexpected will cause you to fall behind. In some cases, you’ll be able to take steps to fix problems and get back on track. For example, you may be able to simplify a task without sacrificing quality or the utility of the work.

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eDiscovery Trends: Facemail and eDiscovery
 eDiscovery Trends: Facemail and eDiscovery 150 150 CloudNine

Email is dead. So says Facebook founder Mark Zuckerberg. Facebook announced last week that it’s rolling out a new messaging system, including chat, text messaging, status updates and email (surprise!). Will the integrated product (informally dubbed “Facemail”) that some have called “Gmail killer” be a serious threat to Gmail, MSN and Yahoo Mail? And, what will that mean from an eDiscovery standpoint?

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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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