How to Properly Collect Electronically Stored Information

on Mon, Jan 20, 2020 By | Alison ONeill | 0 Comments | Best Practices
A large part of the discovery process is now devoted to eDiscovery - 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 | 2 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: Problems With The Longest Thread

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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How To Sleuth Your Way To An Accurate eDiscovery Data Map

on Mon, Aug 05, 2019 By | Jeremy Greer | 0 Comments | Best Practices
A data map is a structured analysis of the target company's sources of data which could be potentially relevant to a legal investigation. During an eDiscovery project, the identification stage is about gaining a complete understanding of this data map and how it relates to the organizational (org) chart. Some companies will have a data map, an org chart and specific data retention policies already prepared and in place. These practices can vary between companies and even between departments. When litigation becomes imminent, you may be in a rush to send out a legal hold to prevent intentional or unintended destruction of data. The ordering of tasks in eDiscovery is not as important. Regardless, it is a best practice to put together an accurate data map and continue to revisit it, thereby adding and removing data sources as you gain a more thorough understanding of the data and formally define the scope of the investigation.
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eDiscovery Software User's Guide to a Quick, Defensible Privilege Log

on Tue, Jun 04, 2019 By | Jeremy Greer | 0 Comments | Best Practices
The most important right which lawyers establish between them and their client is privilege. In order to assert privilege and withhold potentially relevant documents, the attorney or litigation support professional must fill out a privilege log associated with each document. The withholding party must provide enough information so that the reviewing attorney of the opposing party can fairly determine whether the document is privileged. There are four main types of privilege which can be claimed by an attorney - Attorney Work Product, Attorney-Client, Attorney Advice and Joint Defense.  Privilege is essential, tricky, and can be lost easily. Creating privilege logs and asserting privilege is a tedious chore of great importance with heavy consequences for misuse. It is arduous to say that a document is privileged and thereby claiming that there are relevant documents but you are going to withhold them. Legal professionals must spend 2, 3, 4 minutes per document simply asserting privilege. This task is crucial, as under-asserting privilege could lead to giving up privilege for all documents. At the same time, over-asserting could lead to a time consuming in camera review or an expensive redo of your eDiscovery project.  
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eDiscovery Key Terms

on Tue, May 28, 2019 By | Jeremy Greer | 0 Comments | Best Practices
This eDiscovery key terms list is the first step in understanding our tool. Our key terms are sequenced to highlight the timing in which each process will arise in your workflow.  
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The content on this blog is not intended to be legal advice.

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