Our Insights on eDiscovery

Once the security of a potential solution has been considered, the next reasonable area of examination and evaluation is that of capability. Assessing capability is just determining whether or not a solution can accomplish the necessary tasks required in an eDiscovery effort. While there are not always discernible differences in the capabilities of on-premise and off-premise offerings, there are some characteristics to consider as they may be indicators of the ability of a solution to meet actual needs as opposed to perceived needs.

The recent eDiscovery failures at Wells Fargo and at the Department of Justice show that eDiscovery mistakes and failures happen even at the largest corporations and government agencies. Here’s your chance to learn from their mistakes.

The security of data is fast becoming one of the most prominent and visible areas of concern in the selection of eDiscovery software solutions. With public examples of data security failures increasing in regularity and impact, it behooves any discovery solution decision maker to carefully consider how they manage this important risk factor and make decisions based on facts.

We’re about three weeks out from this year’s Relativity Fest conference, conducted every year by Kcur, uh, Relativity (sorry, old habits die hard). Relativity Fest is an annual conference designed to educate and connect the eDiscovery community and features over 160 panel discussions, as well as hands-on labs, breakout sessions, and insights from Relativity staff, Relativity users, and industry leaders. Here are some of the highlights of the upcoming conference.

Forget the glittering generalities of opinioned providers and professionals trying to champion a particular approach to eDiscovery at the exclusion of others. The reality is that on-premise and off-premise solutions delivered as part of both emerging and mature technology implementations are and will continue to be a fundamental piece of any eDiscovery software portfolio if an organization wants to address the areas of security, capability, complexity, and cost comprehensively.

Not only are the first days after a complaint is filed critical to managing the eDiscovery requirements of the case efficiently and cost-effectively, you need to do some prep even before the case is filed. With a scheduling order required within 120 days of the complaint and a Rule 26(f) “meet and confer” conference required at least 21 days before that, there’s a lot to do and a short time to do it. Where do you begin? Find out today!

Tomorrow, Tom O’Connor and I will discuss the various issues to consider and decisions to be made to help you meet your discovery obligations in an efficient and proportional manner when preparing for the Rule 26(f) conference in the webcast Holy****, The Case is Filed! What Do I Do Now? (noon CT). One of the topics relates to an order you can file to avoid non-waiver of privilege for inadvertent disclosures. If you missed it before, let’s revisit the topic now.

After Tom O’Connor and I hosted the webcast On Premise or Off Premise? A Look At Security Approaches to eDiscovery where we discussed the pros and cons of on premise and off premise (i.e., cloud) solutions last month, I received a question from an attendee afterward, as follows: Isn’t another advantage of on premise solutions the ability to load large amounts of data from multiple custodians (i.e., multiple terabytes) to the eDiscovery platform? Not necessarily.