The Discovery Update E-Letter

The Discovery Update

Videoconferencing vs. Web Conferencing

Videoconferencing vs. Web Conferencing Fortunately, attorneys have options when it comes to deciding the best way to make a deposition…

A Quick Reference Guide to Understanding eDiscovery Pricing

By Kelly Twigger One of the biggest challenges in purchasing ediscovery services is trying to make an apples-to-apples comparison between…

Why I Love Predictive Coding: Making Document Review Fun Again

By Ralph Losey Many lawyers and technologists like predictive coding and recommend it to their colleagues. They have good reasons….

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…

Foreign Language Document Review

The first foreign language lawsuit I worked on as an attorney was an international price fixing case with defendants…

What to do After an Inadvertent Production

The inadvertent production of privileged discovery can be a significant challenge both legally and technically. Was the privilege waived…

Time To Change Your eDiscovery Mindset

Well, it’s happened.  ATL has asked me to write about ediscovery, a topic that many lawyers are tired of…

eDiscovery Processing: Seven Tips for Reducing Stress (and Spend)

In eDiscovery good processing decisions early on can make a big difference. The collection is done and you finally have…

Five Tips to Avoid Mistakes in Electronic Document Review

These tips are based on a long life of litigation legal practice, including thousands of document reviews going back…

E-Discovery: A Primer for Litigators

 I’ve been to a number of e-discovery CLEs where they say something like: “The iterative process of phased…

Stop Equating eDiscovery With Data. It’s Not That Simple

There’s a fairly common theme to those who dislike electronic discovery:  It’s too expensive and just ramps up the…

Rule 26 and How it Applies to Electronically Stored Information

Electronic discovery (a/k/a ediscovery and e-discovery) is the process of identifying, preserving, collecting, preparing, reviewing

What Lawyers are Really Asking About eDiscovery Behind Closed Doors

I recently participated in the San Francisco Exchange program put on by Today’s General Counsel, along with Bob Little,…

Court Rules that Proportionality and Cooperation are Essential in Resolving E-Discovery Disputes

Magistrate Judge R. Steven Whalen agreed with UPS that it did not have to spend six months and $120,000…

Threat of Destruction Justifying Third Party Preservation of ESI

Companies have a strong interest in making sure proprietary information does not go to competitors. Warning signs are employees who…

2017 Ediscovery Case Law: Ready for a New Year?

Emails, documents, spreadsheets, presentations, voice mail, text messages, social media posts. When civil litigation matters and internal investigations strike,…

Key Takeaways from the Sedona Conference Commentary on Defense of E-Discovery Process

The Sedona Conference Working Group on Electronic Document Retention and Production (WG1) has proposed a set of principles and practical…

Five Discovery Trends to Watch in 2016

The most recent attempt to reduce scope and cost of discovery is reflected in the amended Federal Rules of…

Cross-Matter and Vendor Message ID

At last week’s ILTACON in Washington, D.C., Beth Patterson, Chief Legal and Technology Services Officer for Allens in Sydney,…

IT and Legal Walk into a Bar: Why Strong Interdepartmental Relationships are a Must in E-Discovery

The E in E-Discovery requires expertise in tech as well as law, and the most successful in-house legal teams…