How Many Pages In A Gigabyte? A Litigators Guide

on Thu, Apr 02, 2020 By | Paulette Keheley | 0 Comments | Best Practices
Litigators and eDiscovery consultants alike have debated for years the best methods to create litigation budgets. Assuming that most cases settle, eDiscovery can account for a significant portion of the costs, so that is often the best place to start. eDiscovery fees can vary significantly between vendors, and you will need to consider the possibility of flat fees, per-gb hosting fees, per-gb processing fees, user fees, service fees, and more.
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eDiscovery PDF Productions – Bigger Is Not Better

on Wed, Mar 25, 2020 By | Alison ONeill | 0 Comments | Best Practices
A recent Federal Court decision is making a big statement about big e-Discovery. In May of 2019 the case Abbott Laboratories et al. v. Adelphia Supply USA (E.D.N.Y), United States Magistrate Judge Lois Bloom pointed to the production of information in one large PDF as a factor in her decision to recommend sanctions be granted and a default judgment be entered against the producing party.
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Last Mango In Paris: COVID-19 Effect On eDiscovery

on Fri, Mar 20, 2020 By | Tom O'Connor | 0 Comments | eDiscovery Trends Conferences
A week ago at this time, I thought I would spend today flying to Gainesville Florida to speak at the 8th Annual University of Florida Levin College of Law E-Discovery Conference. But on Wed March 11th, the Florida University system ordered all of their schools to shut down ( see the press release ) and by Friday the 13th Professor Bill Hamilton, University of Florida Levin College of Law Skills Professor and Executive Director of the International Center for Automated Information Retrieval at the law school, who leads the conference, was forced to send the following email to all the faculty:
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What Is Spoliation Of Evidence, And How Can You Prevent It?

on Thu, Mar 19, 2020 By | Paulette Keheley | 0 Comments | Attorney Requirements
Preservation of electronically stored information (ESI) is an extremely important part of eDiscovery, and involves issuing appropriate legal holds to prevent destruction of potential evidence and material relevant to a case. It also protects lawyers, law firms, and clients against claims of impropriety and negligence. Discovery guidelines, as outlined in Rule 37 of the Federal Rules of Civil Procedure, make it very clear that both sides of legal counsel have a duty to preserve all ESI that could provide evidentiary value and ensure its integrity.
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ABA TECHSHOW 2020: Woodstock For Techies

on Mon, Mar 09, 2020 By | Tom O'Connor | 0 Comments | Conferences
I was originally going to call this review of the Techshow “Why the ABA Techshow is like Mardi Gras” until Reid Trautz, the Director of the Practice and Professionalism Center at the American Immigration Lawyers Association And Chair of the Techshow in 2012) told me he overheard one attendee say this to another at an escalator at the show. Although I think the Mardi Gras comparison is a good one (crowds, excitement, good food among the reason) I find the Woodstock comparison even better. Here’s why.
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8 Crucial Tips To Improve Your Privilege Log Workflow

on Tue, Mar 03, 2020 By | Robert Powell | 0 Comments | Best Practices
Most attorneys representing businesses in litigation have experienced the excruciating burden of reviewing ESI - e-mails and electronically stored information - for privilege or work-product protection, and then having to create a privilege log, a laborious manual effort to build a list describing each document withheld for reasons of privilege. Counsel agonizes over the communications involving the client’s counsel and then the adequacy of the description of the withheld documents in the privilege log.
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What is de-NISTing, And What Does It Mean For eDiscovery?

on Mon, Feb 17, 2020 By | Paulette Keheley | 0 Comments | Best Practices
If you find eDiscovery to be an arduous, time-consuming process, you’re not alone. Many lawyers struggle to efficiently conduct eDiscovery, even with the help of clerks or paralegals. There’s an enormous amount of data to collect, preserve, and produce for any given case. A law firm could tie up resources in this one critical process alone for weeks or even longer.
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A Tale Of Two Conferences - Legaltech 2020 Debrief

on Tue, Feb 11, 2020 By | Tom O'Connor | 0 Comments | Conferences
I recently attended the Legaltech conference in New York. The first conference was in 1990 and I’ve been there as either a speaker or an attendee for roughly 25 years (with a stint somewhere in the middle as a member of the Advisory Board) so it has been interesting to watch its evolution. The latest phase of that development is the concept of Legalweek with Legaltech placed in the center (Tuesday, Wednesday and Thursday) of several other overlapping events with a similar legal technology focus.
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The Changing Standard of eDiscovery In Criminal Cases

on Mon, Feb 03, 2020 By | Tom O'Connor | 0 Comments | eDiscovery Trends
ORIGINAL STANDARD Discussions about electronic discovery have traditionally focused on civil matters because civil cases have historically been more document intensive and thus that discovery process has been more richly nuanced. In addition, when criminal matters do have relevant documents, the discovery standard has been the so-called Brady rule, named after the  landmark Supreme Court ruling Brady v. Maryland (373 U.S. 83 (1963) which held that prosecutors are only required to share evidence deemed exculpatory of the defendant.
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What Is ESI? Defining Electronically Stored Information

on Mon, Jan 20, 2020 By | Alison ONeill | 0 Comments | Best Practices
The 2006 amendments to the Federal Rules of Civil procedure included a new legally defined term: ESI, which stands for "Electronically Stored Information". The legal / litigation world now considers the discoverability of electronically stored information such as emails to be commonplace.  
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