Our Insights on eDiscovery

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eDiscovery Project Management: Identifying Resources and Preparing a Schedule
 eDiscovery Project Management: Identifying Resources and Preparing a Schedule 150 150 CloudNine

Yesterday, we talked about putting together a “big picture plan” for your electronic discovery project. Now let’s move on to the nitty-gritty and get into resource, schedule, and budget details. You need to do detailed planning for each task that you listed in your big picture plan. This means calculating a schedule and a budget and determining the resources you will need.

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eDiscovery Project Management: “Big Picture” Planning
 eDiscovery Project Management: “Big Picture” Planning 150 150 CloudNine

It is unlikely that any project will be successful without good planning – both “big picture” planning and the planning of specific tasks. First you need to look at the 10,000 foot view and identify all the pieces and how they fit together. Then you need to look at the specific pieces and prepare a plan for accomplishing each..

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eDiscovery Project Management: Applying Project Management Techniques to Electronic Discovery
 eDiscovery Project Management: Applying Project Management Techniques to Electronic Discovery 150 150 CloudNine

All too often, electronic discovery projects fall apart. Deadlines are missed, costs exceed estimates, work product is flawed, and there aren’t good records of what was done. These problems can result in costs and hours that can’t be billed, dissatisfied clients, and in really bad situations, sanctions imposed by the court. In so many cases, the problems can be avoided – or at least minimized – if basic, “common sense” project management techniques are applied.

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eDiscovery Best Practices: Cost of Data Storage is Declining – Or Is It?
 eDiscovery Best Practices: Cost of Data Storage is Declining – Or Is It? 150 150 CloudNine

I ran across this ad from the early 1980s for a 10 MB disk drive – for $3,398! What a deal! Even in 2000, storage costs were around $20 per GB. Today, 1 TB is available for $100 or less. At these prices, it’s natural for online, accessible data in corporations to rise exponentially. It’s great to have more and more data readily available to you, until you are hit with litigation or regulatory requests. Then, those extra GBs can cost as much as $16K apiece!

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First Pass Review: Domain Categorization of Your Opponent’s Data
 First Pass Review: Domain Categorization of Your Opponent’s Data 150 150 CloudNine

Yesterday, we talked about the use of First Pass Review (FPR) applications to not only conduct first pass review of your own collection, but also to analyze your opponent’s ESI production. Another type of analysis is the use of domain categorization. FirstPass supports domain categorization by providing a list of domains associated with the ESI collection being reviewed, with a count for each domain that appears in emails in the collection. Domain categorization provides several benefits when reviewing your opponent’s ESI.

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First Pass Review: Fuzzy Searching Your Opponent’s Data
 First Pass Review: Fuzzy Searching Your Opponent’s Data 150 150 CloudNine

Yesterday, we talked about the use of First Pass Review (FPR) applications to not only conduct first pass review of your own collection, but also to analyze your opponent’s ESI production. Another type of analysis is the use of fuzzy searching. Attorneys know what terms they’re looking for, but those terms may not often be spelled correctly. Also, opposing counsel may produce a number of image only files that require Optical Character Recognition (OCR), which is usually not 100% accurate.

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First Pass Review: Synonym Searching Your Opponent’s Data
 First Pass Review: Synonym Searching Your Opponent’s Data 150 150 CloudNine

Yesterday, we talked about the use of First Pass Review (FPR) applications (such as FirstPass™, powered by Venio FPR™) to not only conduct first pass review of your own collection, but also to analyze your opponent’s ESI production. Another type of analysis is the use of synonym searching. Attorneys understand the key terminology their client uses, but they often don’t know the terminology their client’s opposition uses because they haven’t interviewed the opposition’s custodians.

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First Pass Review: Of Your Opponent’s Data
 First Pass Review: Of Your Opponent’s Data 150 150 CloudNine

In the past few years, applications that support Early Case Assessment (ECA) (or Early Data Assessment, as I prefer to call it) and First Pass Review (FPR) of ESI have become widely popular in eDiscovery as the analytical and culling benefits of conducting FPR have become obvious. The benefit of these FPR tools to analyze and cull their ESI before conducting attorney review and producing relevant files has become increasingly clear. But, nobody seems to talk about what these tools can do with opponent’s produced ESI.

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Social Tech eDiscovery: Twitter Guidelines for Law Enforcement
 Social Tech eDiscovery: Twitter Guidelines for Law Enforcement 150 150 CloudNine

Twitter is probably right behind Facebook in terms of popularity in the social media world and they have a “Guidelines for Law Enforcement” page to address requests for non-public information for Twitter users.

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eDiscovery Searching 101: Sites for Common Misspellings
 eDiscovery Searching 101: Sites for Common Misspellings 150 150 CloudNine

It is important to include misspellings when searching for relevant ESI to broaden the search to retrieve potentially responsive documents that might be otherwise missed. Another way to identify misspellings is to use a resource that tracks the most typical misspellings for common words.

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