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 Law.com 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 Electronically Stored Information (ESI)?

on Mon, Jan 20, 2020 By | Alison ONeill | 0 Comments | Best Practices
A large part of the discovery process is now devoted to eDiscovery - which may involve software tools and services for identifying, collecting, producing, and preserving digital files and data that are relevant to the case. Without the right systems and processes in place, attorneys could spend an enormous amount of time handing eDiscovery responsibilities, even with the help of a clerk.
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What's Wrong With eDiscovery in 2020?

on Fri, Jan 03, 2020 By | Tom O'Connor | 4 Comments | eDiscovery Trends
Several months ago, the good folks at Digital War Room asked me to write several blog posts on technology topics that they wished to address. One of those topics was this one, and when it came up in our discussion, I said I was sure it would be topical because I fully expected it to be addressed in a conversation with a client before the end of the year. When I was asked why I could be so certain of that, I replied “because it’s come up at the end of each year for the past 4 or 5 years.”
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Email Threading in eDiscovery: The Longest Thread Policy

on Mon, Dec 16, 2019 By | Jeremy Greer | 0 Comments | Best Practices
Email threads represent a group of emails all originating from the same email. These email thread groupings are convenient constructs for which eDiscovery tools and reviewers can logically define a conversation. For the purpose of understanding email threads, think of these conversations as branches. Emails will often branch off in many directions as senders cc, bcc or forward the email to different recipients.  
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Has Legal Artificial Intelligence (AI) Become a Fight Club?

on Mon, Dec 02, 2019 By | Tom O'Connor | 0 Comments | eDiscovery Trends
Artificial Intelligence has become the biggest buzz word in legal technology since, well the last biggest buzzword. ECA, TAR, Blockchain, Analytics, Big Data, Collaboration, Disruption, Innovation. Every 6 months we have a new “big thing” and right now it’s AI.
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How to Develop a Discovery Plan

on Tue, Nov 19, 2019 By | Alison ONeill | 0 Comments | Attorney Requirements
eDiscovery can make or break your case. It establishes the scope of the lawsuit for both sides, the documents that must be produced, and the custodians to contact, among other important factors. In essence, the discovery process lays out the rules that lawyers must abide by during a lawsuit as they pertain to gathering, preserving, and sharing relevant documents. A single misstep at this stage could create a competitive disadvantage that will be all but impossible to overcome during the course of a lawsuit or trial.
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What You Need to Know About FRCP Rule 26

on Tue, Oct 29, 2019 By | Alison ONeill | 0 Comments | Attorney Requirements
Discovery is a critical phase of any trial or lawsuit, and can make the difference between a successful case and one that goes horribly awry. Lawyers and attorneys on both sides of a lawsuit have a number of obligations to meet during the discovery process, which are extensively detailed in Rule 26 of the Federal Rules of Civil Procedure.
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5 Steps To Create A Stellar eDiscovery Document Production

on Mon, Oct 14, 2019 By | Jeremy Greer | 2 Comments | Best Practices
Step 1: Understand Your Obligations and Requirements The party to which a document production request is directed must disclose all documents and ESI relevant to a legal investigation with the exception that documents can be withheld due to privilege. Rule 34a of the Federal Rules of Civil Prodecure (FRCP) states that a party may serve on any other party a request [to produce documents and esi] so long as that request isn’t unduly burdensome according to Rule 26b.
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The content on this blog is not intended to be legal advice.

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