eDiscovery

eDiscovery Articles

• 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.

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• 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?

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• 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.

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• 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.

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• 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.

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• 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.

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• 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.

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• 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.

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• 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.
  

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• 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.

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