Throughout 2017 in the Discovery Update we have covered a wide range of subjects with a view toward discovery: from e-discovery case law to information management, from data privacy guidelines to document review, and from legal apps to the use of social media as evidence. All of these newsletters and articles are accessible to you at depo.com in the “Client Resources” tab.
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Wait, No Go. Wait, No Go. Striking the Balance on when to Incur Costs for eDiscovery
By Kelly Twigger
Ah, the mad scramble of ediscovery.
You know what I’m talking about — where the client wants to wait and wait and wait on engaging in discovery until the last possible minute to avoid unnecessary costs, requiring everyone to run around crazy for days on end when the client realizes that deadlines are imminent. Theoretically, that makes sense. No one wants or needs to spend money that is just wasted effort. Practically, it means decisions are rushed, more manpower and hours are spent than would happen in a more controlled situation, and the potential for mistakes rises exponentially.
No question — the balancing of the teeter-totter of ediscovery costs is hard. The reality is that there is a tipping point on that balance where the costs tip to more expensive when you wait to start ediscovery. Go too early and you dip down into unnecessary costs before you know whether you need to expend cash.
The Ever-Growing Need for an e-Discovery Attorney at the Corporate Level
By Alex Stemkovsky
Whenever I talk about e-discovery, most people say, “You mean, doc review, right?” If you are one of those people, you need to keep reading.
Yes, one aspect of e-discovery is document review, and it can be a critical aspect. Just ask Wells Fargo and its outside counsel. They too probably thought that e-discovery simply consisted of document review, and then they proceeded to inadvertently produce private financial information along with social security numbers. SeeMill Lane Mgmt. LLC v. Wells Fargo LLC, No. 652025/2017 (N.Y. Sup. Ct. [N.Y. Cnty.]) andSinderbrand v. Sinderbrand, No. ATL-L-2182-16 (N.J. Super. Ct. [Atlantic Cnty.]).