eDiscovery

The Cloud: Ethical Obligations for Lawyers in the Modern Era III

As more organizations move their information to the cloud, attorneys must understand the potential ethical issues involved in storing data off-site on the Internet.

Website Offers Access to Information About Foreign Agents In The US

The National Security Division of the Department of Justice recently announced the launch and availability of the next generation of the Foreign Agent Registration Act (FARA) Web site. The enhanced Web site is claimed to greatly improve access to public information about foreign agents and their activities within the United States.

eDiscovery and the EU: European Data Privacy Regulations Every Litigator Should Know

With the ever-increasing expansion of multinational corporations and globalized business transactions, it is exceedingly likely that attorneys will eventually have to conduct cross-border e-discovery investigations at some point in their careers. E-discovery can already be incredibly complex in a single-country context, and adding new countries, with different rules pertaining to electronically stored information, only intensifies that complexity.

Top Five Tips for Using the Cloud for eDiscovery

Here are five important points for law firms and businesses to consider when preparing to take advantage of cloud computing.

eDiscovery and Databases: Understanding the Basics of Structured Data in Litigation II

In the second part of our series on structured data, we will delve deeper into how to make the most of your structured data.

Educational Institutions: It Is Time To Get Smart About Security Breaches

We are only a little more than one month into 2008, and already this year is shaping up to be rife with data security incidents for educational institutions. There is no doubt that data maintained at universities contains private and sensitive information. Accordingly, universities should develop and follow best practices to protect this information.

Spoliation: Dude, What Happened To My Computer?

By now, you have probably heard about how important it is to preserve evidence related to legal proceedings. If you fail to do so, you may receive serious monetary and/or evidentiary sanctions that could essentially gut your legal case.

eDiscovery Certifications: Which One Is Right for You?

From private companies to associations and organizations, litigation support professionals and lawyers have many options to become "certified" in e-discovery. These programs offer different curricula and certification upon completion.

Applying Project Management Principles in Litigation and Discovery Management

Project management is the application of knowledge, skills, tools, and techniques to the different activities in a project to achieve the project's objectives. By using project management principles, law firms can better manage their discovery obligations, adhere to budgets, and meet deadlines.

Interview: Electronic Evidence (ESI) Expert Kristin Nimsger

Learn more about electronic evidence issues from this interview with electronic evidence expert Kristin Nimsger.

Anonymous Bloggers and the First Amendment

There is guidance from the courts that may help your company increase its chances of identifying anonymous bloggers who may be liable for claims such as copyright infringement, trademark infringement, or defamation.

Discovery of Facebook and Other Social Media Postings

Have you ever received a call or letter from opposing counsel, "kindly" advising you that they discovered an incriminating photo on your personal injury client's Facebook page that shows your client performing ski jumps at a time when they were allegedly injured and unable to work?

eDiscovery Across Borders I: Practical and Legal Aspects of Multi-Jurisdictional Discovery and Data Collection

In today's business, all information is electronic. Paper may have been heavy, hard to store, and time-consuming to review-but it was a tangible thing, easy to inventory, and it tended to be limited in volume, even in the largest cases. Electronic communication has led to exponential increases in the amount of data that companies store, and the locations where the information is stored.

eDiscovery Rules: Interpreting ESI from Federal to State Courts

Determining what constitutes ESI has direct implications for the overall costs of accessing, collecting, reviewing and producing ESI.

Ethical Obligations for Lawyers in the Modern Era

Lawyers know that technology has encroached on the legal realm and impacts the ways they communicate and do business. But many lawyers may not think about how constantly evolving technology has created new ethical issues in their litigation practice.

Examining the eDiscovery Landscape After the 2006 FRCP Changes

Failure to comply with electronic production obligations can lead to serious sanctions, sometimes to the tune of millions of dollars. Let's examine important issues that have arisen and how courts have ruled in the aftermath of the FRCP amendments that became effective on December 1, 2006.

Hunting for Data: Uncovering the Hidden Gems of Structured Data in eDiscovery

Structured data is often part of the information that is relevant to a matter, and it cannot be ignored during discovery. More than that, though, this type of data may contain a treasure trove of information that can be very valuable to a litigator.

Predictive Coding Primer

Predictive coding (also known as technology assisted review) heavily leverages statistics to reduce the time needed to examine large document sets that in the past may have taken a group of attorney reviewers weeks or months to review at great cost. What are the benefits and risks involved with this tool?

Self-Collection: The Good, the Bad and the Ugly

You need to collect data in response to a discovery request. Do you hire a forensic consultant? Or can you rely on your own IT staff or counsel to handle it? Find out more about when self-collection is, and is not, appropriate.

The Dangers of Using Evidentiary Recordings Without Transcripts

Written transcripts of audio evidence are an extremely helpful tool in defending litigation. Frequently, in both civil and criminal trials, recordings to be placed into evidence by the prosecution are submitted to the defense without the accompaniment of a transcript. This article will explain some of the dangers associated with using audio evidence without a transcript.

The Power of Pre-Discovery

Electronic discovery is about fact finding, accuracy, truth . . . and money. Corporate clients pay millions of dollars, in some cases, for the time and expertise of their lawyers and technologists. These costs are rising, the direct result of rising quantities of discoverable electronically stored information (ESI).

What’s New with In-House Review Platforms

Do we keep our current review platform or upgrade to one of the newer in-house models? For many law firms, now's the time to ask that question.

A Discussion of Legal Ethics Issues Within eDiscovery

On April 12, 2006, the United States Supreme Court approved the proposed amendments to the Federal Rules of Civil Procedure that address the discovery of electronically stored information (ESI). The new proposed rules and amendments took effect on December 1, 2006.

Amendments to FRCP: Status Quo or Change?

How do the amendments to the federal rules change the way attorneys practice law?

Big Data Technologies, eDiscovery and You

What you need to know about Big Data and its impact on the electronic discovery of your cases.

Bringing eDiscovery In-house: How Can You Be Successful?

When done correctly, in-house e-discovery offers numerous advantages: cost-savings, more control, and the opportunity to provide better client services.

Collaboration and Communication: A Tactical Approach to Controlling eDiscovery

This article explores the e-discovery process from pre-trial conferences to document review and focuses on how close collaboration and open communication between litigation teams and their vendors can bring about cost-effective and tailor-made solutions.

Current eDiscovery Trends

By now, practically everyone even remotely involved in litigation in the United States knows that discovery of electronic information, E-Discovery, has become a very big deal, especially in light of related amendments to the Federal Rules of Civil Procedure enacted more than a year ago.

eDiscovery Across Borders II: Strategies for Handling Multi-Jurisdictional Discovery and Data Collection

For everyone involved in cross-border discovery, the objective is simple: to collect information in a manner that complies with all applicable laws and regulations while serving the client effectively. But though the objective is simple, achieving it is not. There is no substitute for technical and local expertise, and you should be prepared to engage both in order to effectively manage any crisis with cross-border implications.

eDiscovery & Preservation Obligations: Getting Ahead of the Game!

What are the legal requirements associated with preserving documents required for e-discovery? How do these requirements differ from those that would normally take place during the regular course of business?

eDiscovery Search: How To Get It Right

Even companies that truly want to fulfill their e-discovery obligations properly are struggling to figure out exactly how to get the job done. Indeed, in recent months, the topic of e-discovery "search" has taken center stage. Traditional approaches to sifting through large collections of data for relevant or privileged information, such as keyword and Boolean search, are being called into question by some members of the bar, the bench, and the industry at large.

eDiscovery Update: ABA Ethics Opinion Approves of Metadata Use

An ethics opinion from the American Bar Association has set standards for attorneys confronted with the dangerous and controversial issue of metadata included in electronic documents. According to the ABA, attorneys may search for and use information contained in metadata, even if the documents originated with opposing counsel.

Electronic Discovery Vendor to Expert: It Is All About Trust

Key questions to ask when identifying eDiscovery Vendors, Solutions Providers, and Experts.

iCONECTnxt Increases Security Through Password Complexity Feature

Los Angeles, CA (September 12, 2006) - iCONECT Development, LLC announces enhanced security with the addition of password complexity feature in iCONECTnxt. This latest feature enables administrators to meet security guidelines established by the U.S. National Institute of Standards and Technology.

Leveling the Playing Field in Litigation

Litigation, especially when e-discovery is involved, can be a very costly endeavor. Faced with these costs, clients are often forced to settle a case they feel they could win, since it doesn't make financial sense to proceed. This results in a loss of business for law firms and a lack of justice for the parties involved. Yet it doesn't have to be that way.

Managing an Online Document Review

Electronic discovery projects are, by nature, chaotic. Learn how your legal team can bring order to this confusion and counter uncertainty with structure and management control.

Metadata: Ethical Obligations of the Witting and Unwitting Recipient

As shown in our last column, software commonly used by lawyers often creates embedded data, otherwise known as metadata. As previously discussed, there are means to avoid creating embedded data, as well as means available to remove hidden data already created. In theory, at least, it is possible to remove all metadata prior to sending a document to opposing counsel.

Not Just Another Article on eDiscovery Review

Some of the best e-discovery review best practices are better characterized as the application of real-life lessons.

Paying the Price for an Unsuccessful “Meet and Confer”

The "Meet and Confer" is one area in which many litigants still struggle to comply with the FRCP and judges' expectations. With the right attitude, the right information and the right technology and processes, litigants can have a successful Meet and Confer that will help counsel on both sides lower risk and improve litigation workflow from suit to settlement or court.

The Effectiveness of Technology Assisted Review

Learn how to integrate technology assisted review (also known as TAR or predictive coding) as a part of a routine e-discovery process.

The Most Significant eDiscovery Cases under New FRCP

As the one year anniversary of the amended Federal Rules of Civil Procedure (FRCP) approaches, Kroll Ontrack, a provider of electronic discovery and computer forensics services, announced a breakdown of the reported electronic discovery opinions from 2007 as well as a list of the year's top five most significant discovery cases.

What Does “Big Data” Mean in Terms of eDiscovery?

"Big data" is a term that is thrown around frequently, but what does it really mean? Moreover, how does it impact e-discovery?

California Planning Its Own Set Of eDiscovery Rules

It is no secret that the Federal Rules of Civil Procedure (FRCP) were amended at the end of 2006 to specifically address discovery of information stored electronically. Not to be outdone, the Judicial Council of California has proposed its own amendments to its Code of Civil Procedure (CCP) to deal with electronic discovery issues.

Creating a Defensible Process Through Search, Analytics and Metrics

Trying to successfully manage a large electronic discovery project is a balancing act. Lawyers and vendors are walking a tight rope trying to keep the cost of the review as low as practicable while simultaneously ensuring that virtually all non-responsive and privileged documents are not produced to opposing counsel.

Driving to the FRCP 26(f) Conference: Use a Map, Ask for Directions or Fly Blind?

Pleading ignorance, real or feigned, about the details around electronically stored information (ESI) relevant to a matter can lead to (and has in many recent cases) the 3 S's of e-discovery - Spoliation, followed by "I'm Sorry," and ending in Sanctions.

eDiscovery: The Times, They Are A Changing

Learn more about the amendments to the Federal Rules of Civil Procedure (FRCP) that became effective on December 1, 2006.

eDiscovery Vendors and Preserving Chain Of Custody

While sounding so deceptively simple, many chain of custody issues are actually quite challenging to legally uphold when it comes to electronic evidence. This is because, for purposes of authenticity, all potentially relevant electronic data must be accounted for from the discovery phase all the way though trial. At trial, it is crucial to physically document the chain of custody of all potentially relevant data to disprove any actual or possible tampering.

Fear and Loathing: An Examination of the Underpinnings of eDiscovery

This article looks at the changing approaches and attitudes around managing ever-growing volumes of data involved in litigation and government investigations.

FRCP 37(f): What the Heck is Good Faith?

Learn more about the 2006 amendments to FRCP 37 and the meaning of good faith as applied to that rule.

Introduction to the New World of eDiscovery

The new amendments to the Federal Rules of Civil Procedure went into effect on December 1, 2006, forever altering the e-discovery landscape. More than ever, it is important for attorneys to understand the lifecycle of "electronically stored information" (ESI) - from its creation and storage, to its production to opposing parties.

Qualcomm and Attorneys Sanctioned for “Monumental” eDiscovery Violations

In yet another warning about the pitfalls of e-discovery, a judge from the Southern District of California has sanctioned Qualcomm and several of its attorneys for failing to produce tens of thousands of relevant and responsive documents during its patent suit against Broadcom. The company and its lawyers apparently overlooked thousands of damaging emails during the e-discovery process, then sought to cover them up after they emerged at a critical point in the trial.

Skills, Savvy & Something More: The New eDiscovery Project Manager

If you know hard drives, tape back-up systems and electronic data exchange protocols from A to Z, you won't necessarily make a good electronic data discovery project manager. If you're a legal professional, intimately familiar with the laws and regulations governing a specific issue in a specific jurisdiction, you may not make a good EDD manager, either. In today's multimillion-dollar, multi-million-document lawsuits and regulatory inquiries, the ideal PMs are a new, absolutely unique breed.

The Impact of Search Engines on Litigation

Free electronic publication of court opinions has occurred for over decade, and advanced searching of this online public record has yielded some offensive results for individuals.

Attorneys Face Critical Challenges in Preparing for eDiscovery

While a clear majority of corporate and law firm attorneys highly agree that having a functioning electronic discovery strategy in place provides essential business benefits, 92 percent of the attorneys admitted that their company is vulnerable when it comes to being prepared for electronic discovery.

Addressing eDiscovery Challenges Posed by FRCP

Studies from leading industry analysts at Enterprise Strategy Group reveal that traditional discovery processes involving corporate counsel and external attorneys are becoming increasingly complicated as attorneys need to rely on IT departments to search desktops, servers, backup tapes, e-mail applications and other data center systems.

It’s a Small World After All – Best Practices for Conducting Cross-Border eDiscovery

With the right mix of planning, personnel, and technology, organizations can arm themselves with best practices that will enable them to meet the problems posed by the rising tide of global ESI.

Boom Goes the Dynamite – What U.S. Companies Need to Know About the “Big Bang” in England and Wales Civil Procedure

U.S. companies doing business in England and Wales need to be up-to-speed now on the changes that took effect on April 1, 2013 in civil procedure, which should reduce the risk of unanticipated costs and raise the stakes for eDiscovery (or eDisclosure in the U.K.) compliance.

Planning for Predictable, Defensible Managed Document Review Outcomes

The practice of Managed Document Review (MDR) has developed to alleviate uncertainty, inefficiency and costs associated with document review.

Mendocino Integrates RecoveryONE “Infinite Snapshot Engine” technology with Ontrack PowerControls Software to Improve Data Recovery on Microsoft Exchange

Mendocino Software and Ontrack Data Recovery today announced an agreement to integrate Mendocino's RecoveryONE "infinite snapshot engine" technology with Ontrack PowerControls mailbox recovery software, one of the industry's leading Microsoft Exchange recovery solutions. This integration will bring Microsoft Exchange data recovery for mission-critical applications to an unprecedented level. The resulting product will be available through Mendocino in Q306 and will give customers two key advantages over existing solutions: the ability to capture data without impacting Exchange environments, and the ability to recover Exchange to any desired previous point much more rapidly than is possible today.

A new version of SearchInform Internet Server released

SearchInform Technologies releases a new version of SearchInform Internet Server - its Internet search product, featuring an enhanced technology of search through a given website, as well as through a large list of resources.

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