Electronically Stored Information
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eDiscovery, Money
Want To Save Money In eDiscovery? Here's A 3-Step Plan.
eDiscovery doesn't have to be a mad scramble. Cost-effective, smart discovery means taking a logical, thoughtful approach. -
eDiscovery, Litigators, Technology
Use An Early Preservation Letter To Help Define And Narrow Scope
Here are some helpful bullet points describing what information can go into the letter. - Sponsored
The Business Case For AI At Your Law Firm
ChatGPT ushers in the age of generative AI – even for law firms. -
eDiscovery, Litigators, Technology
Wait, No Go. Wait, No Go. Striking The Balance On When To Incur Costs For eDiscovery.
This problem can be solved, but it requires advance planning, strategy, and some expenditure.
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eDiscovery, Litigators, Technology
A Quick Reference Guide To Understanding eDiscovery Pricing
Ediscovery columnist Kelly Twigger walks you through the different cost components for ediscovery. -
eDiscovery, Litigators, Technology
The Crucial Role Of The Project Manager In eDiscovery
Dealing with ediscovery is complex, and the details to be handled are endless. -
eDiscovery, Litigators, Technology
Innovation And The Law: Technology To Assist With The Dreaded RFP Process
Ediscovery columnist Kelly Twigger discusses a powerful new tool to help more clients get better access to services. -
eDiscovery, Litigators, Technology
5 Tips On How To Avoid Your Own Wells Fargo Moment
If you need a reason to get your ducks in a row with the handling of electronic information, here's your wake-up call. -
eDiscovery, Litigators, Technology
Why Metrics Are The Key To Managing Costs In Discovery
Data drives decisions in business -- and the same is true in the discovery of ESI. - Sponsored
Navigating Financial Success by Avoiding Common Pitfalls and Maximizing Firm Performance
In this CLE-eligible webinar, we’ll explore the most common accounting pitfalls and how to avoid them for your firm. -
eDiscovery, Politics, Social Media, Social Networking Websites, Technology
Are Donald Trump's Tweets Self-Authenticating?
A big issue for litigators today: how to preserve, produce, and introduce social media evidence at trial. -
eDiscovery, Litigators, Technology
No Preliminary Injunction For You! The Latest On The Battle Between eDiscovery Providers
The latest evidence in the case suggests that the allegations of the complaint are not close to the truth. -
eDiscovery, Litigators, Technology
eDiscovery Is Big Business -- And Worth Fighting Over For Providers
Two major players in the ediscovery space duke it out in federal court. -
eDiscovery, Litigators, Technology
Stop Equating eDiscovery With Data — It’s Not That Simple
Discovery is still strategy — it’s still finding the facts you need — but the game has changed. -
eDiscovery, Litigators, Technology
How Not To Conduct Discovery
Litigators, don't let your storytelling get lost among a sea of documents and other information.
Sponsored
Sponsored
Is The Future Of Law Distributed? Lessons From The Tech Adoption Curve
The rise of remote work has dramatically reshaped the relationship between Lawyers and Law Firms, see how Scale LLP has taken the steps to get…
Sponsored
The Business Case For AI At Your Law Firm
ChatGPT ushers in the age of generative AI – even for law firms.
Sponsored
Generative AI In Legal Work — What’s Fact And What’s Fiction?
Zach Warren from the Thomson Reuters Institute discusses the potential and the pitfalls.
Sponsored
Sponsored
Navigating Financial Success by Avoiding Common Pitfalls and Maximizing Firm Performance
In this CLE-eligible webinar, we’ll explore the most common accounting pitfalls and how to avoid them for your firm.
Sponsored
Legal AI: 3 Steps Law Firms Should Take Now
If 2023 introduced legal professionals to generative AI, then 2024 will be when law firms start adapting to utilize it. Things are moving fast, so…
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eDiscovery, Litigators, Technology
Successful, Cost-Effective eDiscovery Requires A Team Approach
The invisible wall between lawyers and staff makes ediscovery slower, more expensive, and just generally worse. -
eDiscovery, Litigators, Technology
Let The Rules Guide You In eDiscovery
No matter how long you've been practicing, sit down and read the rules on electronic discovery, comments included. -
Continuing Legal Education / CLE, Sponsored Content
Get On Your Feet, Stay Flexible: Dentons’ Ron Hedges On Lawyering, Technology, And Being A Litigator
Meet Ronald Hedges, Dentons Senior Counsel and member of its Litigation and Dispute Resolution practice group... -
eDiscovery
E-Discovery Cases — Herding Cats Would Be Easier
Two disturbing cases for different, but similar reasons. When did parties jump from collection and culling of documents to simply turning over all possible evidence blindly and relying on a claw back agreement to protect the producing party? Putting aside that works entirely in favor of the receiving party, this may be a viable solution in a very small percentage of cases, but for a defendant to argue to a Court that the Plaintiff should blindly produce backup tapes with only a claw back agreement as protection is ludicrous. That is one side of the argument made in Dynamo Holdings Limited Partnership, et al, Petitioner vs the Commissioner of Internal Revenue; Beekman Vista, Inc vs the Commissioner of Internal Revenue (Docket Nos. 2685-11, 8393-12). -
eDiscovery
Two Basics: Don’t Accept Candy From Strangers and Avoid Falling Into the “Document Dump[s]”
A recent order issued by M.J. Paul Grewal in Venture Corp. Ltd., et al. v. Barrett, No. 5:13-cv-03384, 2014 WL 5305575 (N.D. Cal. October 16, 2014) provides a useful reminder for all litigators: “Rule 34 (Producing Documents, Electronically Stored Information, and Tangible Things) is about as basic to any civil case as it gets. And yet, over and over again, the undersigned is confronted with misapprehension of its standards and elements by even experienced counsel. Unfortunately, this case presents yet another example.” -
eDiscovery
“Reasonable Inquiry”: Complying With Rule 26(g) In The Age Of Technology
There can be little debate that electronically stored information (“ESI”) has altered the landscape of discovery in civil litigation. The number of devices that transmit or store electronic data as well as the volume of data in existence have increased exponentially in recent years. The rules and underlying principles governing discovery in civil litigation, however, remain largely unchanged. In light of the voluminous available data and the myriad of methods for storing and accessing such data, attorneys should examine their normal practice of gathering information responsive to discovery requests and subject to disclosure, especially when ESI is involved, so they do not fun afoul of their obligations under Rule 26(g). -
eDiscovery
E-discovery Is Hard
Catchy blog titles are usually hard too, but not this one. Discovery of electronically stored information (“ESI”) is just plain difficult. If you are lucky, it does not come up in your case at all. Or, the parties agree that only certain emails during a certain period of time are relevant to the dispute. If you are unlucky, you might find yourself in the middle of a massive theft of trade secrets case involving customer lists with thousands of names and an email address for each one of them. At that point, expect to spend several months creating an ESI discovery protocol with your opposing counsel – a process of negotiating everything from search terms to custodian/device lists to hard drive/server copying formats, and so on and so forth. Once that part is finished, you still have to engage in discovery according to the protocol.