Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.
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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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eDiscovery Searching 101: It's a Mistake to Ignore the Mistakes
 eDiscovery Searching 101: It's a Mistake to Ignore the Mistakes 150 150 CloudNine

We all make mistakes. And, forgetting that fact can be costly when searching for, or requesting, relevant documents in eDiscovery. For example, if you’re searching for e-mails that relate to management decisions, can you be certain that “management” is spelled perfectly throughout the collection? Unlikely. It could be spelled “managment” or “mangement” and you would miss those potentially critical emails without an effective plan to look for them.

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Social Tech eDiscovery: Facebook Subpoena Policy
 Social Tech eDiscovery: Facebook Subpoena Policy 150 150 CloudNine

If an employee resists or no longer has access to responsive content (or you need to request from their online friends through “Wall” posts), you may have to request content directly from Facebook through a subpoena. Facebook has a Law Enforcement page with information about serving civil subpoenas…

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Case Law: Spoliate Evidence and Go to Jail?!?
 Case Law: Spoliate Evidence and Go to Jail?!? 150 150 CloudNine

“…Pappas’s 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, unless and until he pays to Plaintiff the attorney’s fees and costs that will be awarded to Plaintiff as the prevailing party…”

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eDiscovery Searching 101: Don’t Get “Wild” with Wildcards
 eDiscovery Searching 101: Don’t Get “Wild” with Wildcards 150 150 CloudNine

Several months ago, I provided search strategy assistance to a client that had already agreed upon several searches with opposing counsel. One search related to mining activities, so the attorney decided to use a wildcard of “min*” to retrieve variations like “mine”, “mines” and “mining”. That one search retrieved over 300,000 files with hits. Why? Because there are 269 words in the English language that begin with the letters “min”. How do you ensure that you’re retrieving all variations of your search term?

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