Seven Steps of the E-Discovery Process Call (800) 246-7881 In the e-discovery process, you must perform certain functions for identifying and preserving electronically stored (ESI), and meet requirements regarding conditions such as relevancy and privilege. Typically, you follow this e-discovery process: 1. Create and retain ESI according to an enforceable electronic records retention policy and […]
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Keywords vs Technology-Assisted Review: Are they mutually exclusive?
Keywords vs Technology-Assisted Review: Are they mutually exclusive? Recently in Bridgestone Americas, Inc. v. International Business Machines Corp., U.S. Magistrate Judge Joe Brown of the Middle District of Tennessee addressed the plaintiff’s request to use technology-assisted review (TAR) on a population of more than 2 million documents, but the corpus had already been culled using […]
Survey: Law Firms Are at an E-Discovery ‘Watershed’
Law firms will either embrace e-discovery services altogether or collaborate with vendors for client services. Law firms are at a “watershed†in servicing e-discovery tasks for corporate clients, according to a survey released on July 22, sponsored by RVM Enterprises Inc. and conducted by Ari Kaplan Advisors. Ari Kaplan, reporting on the survey, said that […]
Law Firms Fail to Protect Data When File Sharing
LexisNexis survey shows disconnect between security concerns and steps taken to protect data. May 29, 2014 |10 Comments U.S. law firms may be worried about the security risks of sharing confidential information online, but a new survey by LexisNexis’ legal and professional division reveals that they are not doing much about it. Unencrypted email remains […]
You Can Run, But You Cant Hide From Sanctions in Discovery
You Can Run, But You Cant Hide From Sanctions in Discovery In a recent ruling in a patent infringement case, a federal magistrate judge refused to grant a consent motion that would vacate the sanctions he previously ordered and let the plaintiff “hide [its] discovery abuse. In an October 2013 order in Digital Vending Services […]
Articulate Subpoena Costs to Call Off the Dogs in E-Discovery
Farrah Pepper, executive counsel, e-discovery, General Electric Co. Articulate Subpoena Costs to Call Off the Dogs in E-Discovery The Federal Rules of Civil Procedure’s Rule 45”which outlines the subpoena process and how it relates to third party e-discovery”was the topic of a Friday panel discussion at the American Bar Association’s 8th Annual National Institute on […]
When E-Discovery Goes Wrong
When E-Discovery Goes Wrong A panel of experts discuss e-discovery horror stories, vetting vendors and expectations for service providers in terms of competency and ethics. Mark Gerlach, Law Technology News May 19, 2014 |12 Comments  In e-discovery, human and machine glitches, malfunctions and errors are inevitable. However, not efficiently dealing with problems as they […]
Clawback Agreements & E-Discovery Malpractice?
Are You Committing E-Discovery Malpractice? If you don’t ask the court to enter a clawback order in every case, you may be committing e-discovery malpractice, at least according to U.S. Magistrate Judge Andrew J. Peck. A clawback agreement extends the protections automatically afforded under Federal Rule of Evidence 502(b), which prevents disclosure from operating as […]
How to Calculate ROI for E-Discovery (with Calculator)
How to Calculate ROI for E-Discovery (with Calculator) Call CONCORD today (800) 246-7881 March 28, 2014 by Richard Medina In previous posts I talked about doing a business case to see if its worth fixing e-discovery, for example in How to Develop and Implement Your Discovery Readiness Program and Which Part of E-Discovery […]
Preservation Costs: How Much Are Companies Spending?
[mp_row] [mp_span col=”12″] [mp_text] New study takes a systematic look at preservation expenses across a wide sample of businesses. Sherry Karabin, Law Technology News March 27, 2014 Many in the legal profession say the proposed changes to the Federal Rules of Civil Procedure Rule 37(e) could help organizations lower preservation costs since only knowing […]