Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.
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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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.

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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.

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eDiscoveryJournal Webinar: More on Native Format Production and Redaction
eDiscoveryJournal Webinar: More on Native Format Production and Redaction 150 150 CloudNine

As noted yesterday, eDiscoveryJournal conducted a webinar last Friday with some notable eDiscovery industry thought leaders regarding issues associated with native format production and redaction, including George Socha, Craig Ball and Tom O’Connor, and moderated by Greg Buckles, co-founder of eDiscoveryJournal, who has over 20 years experience in discovery and consulting. Here are more highlights from the webinar.

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eDiscoveryJournal Webinar: Debate on Native Format Production and Redaction
eDiscoveryJournal Webinar: Debate on Native Format Production and Redaction 150 150 CloudNine

eDiscoveryJournal conducted a webinar last Friday with some notable eDiscovery industry thought leaders regarding issues associated with native format production and redaction, including George Socha, Craig Ball and Tom O’Connor, and moderated by Greg Buckles, co-founder of eDiscoveryJournal, who has over 20 years experience in discovery and consulting.

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State eDiscovery Rules: Oklahoma Adopts Amendments to Rules for eDiscovery
State eDiscovery Rules: Oklahoma Adopts Amendments to Rules for eDiscovery 150 150 CloudNine

Though the amendments to the Federal Rules of Civil Procedure in December of 2006 have affected how discovery of ESI is handled in Federal courts, lawyers who practice exclusively in state court cases may not have had to consider rules for handling of ESI in their cases. Some states have adopted civil procedure rules for eDiscovery; others have not. Effective today, one state that has adopted new amendments to their Rules of Civil Procedure is Oklahoma.

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Sanctions and Other Things that Go Bump in the Night
Sanctions and Other Things that Go Bump in the Night 150 150 CloudNine

Sunday is Halloween, so it seems appropriate to try to “scare” you before the big day. Does this scare you? “pervasive and willful violation of serial Court orders to preserve and produce ESI evidence be treated as contempt of court, and that he be imprisoned for a period not to exceed two years”

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