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CHAPTER 4: THE CHECKLIST MANIFESTO

Chapter 2: Rule Changes

CHAPTER 3: COOPERATION During the same time period that the original changes to the FRCP were being implemented, some complimentary efforts were being undertaken by the Sedona Conference (hereinafter Sedona), a nonpartisan law and policy think tank. Sedona published the first edition of The Sedona Principles: Best Practices Recommendations & Principles for Addressing Electronic Document Production in 2004 and the document became influential in the eventual recommendations of the FRCP advisory committee. The second amended version of The Sedona Principles was released in July of 2007 and a third edition was released in 2018, then updated in 2019.

Digital WarRoom created and updates GIST, a TAR 2.0 coding tool, often characterized as an AI tool. In the last five years, Digital WarRoom customers have primarily used GIST as a document review prioritization tool. In this article, Tom O'Connor, our favorite critic, debunks heavy reliance on tools that claim to have AI, noting that legal strategy must necessarily rely on attorney intelligence (AI).

FRCP #1 is Clear: “These rules govern the procedure in all civil actions and proceedings in the United States ….. They should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding.”

What should you consider directly after processing? In order to become self sufficient in eDiscovery, you will have to accept the following facts. 1) Regardless of eDiscovery platform, not all documents can be opened. 2) Regardless of eDiscovery platform, not all documents can be indexed

The Association of Certified E-Discovery Specialists (ACEDS), the world’s leading e-discovery training and certification professional association and part of The BARBRI Group, today announced the renewal of their strategic partnership with Digital WarRoom.

In 2010, noted e-discovery consultant Craig Ball wrote a fascinating article in Law Technology News entitled "E-Discovery for Everybody." That column came to be known as the "Edna Challenge" because in it, Craig posited a solo practitioner named Edna with an e-discovery budget of $1,000 and asked how she could possibly perform any e-discovery on that amount.

WHEN IS AN ATTACHMENT NOT AN ATTACHMENT? WHEN IT’S A HYPERLINK

THE RULES Your first consideration needs to be, what do the rules require?

I always like to wait a few days before I review a big tech conference to let the impact settle in. And not just for me but for attendees and exhibitors as well. That said, here’s my thoughts on the ABA Techshow 2021

In the electronic discovery field a subject matter expert (sme) is someone who can (if called upon) validate the veracity and integrity of all eDiscovery practices. A document with “probative value” is essentially a fact that is of-interest and can be used to persuade in a court of law. At the highest level, subject matter experts determine how to find documents with probative value while ensuring that all metadata is maintained.

An Electronically Stored Information (ESI) Protocol is a negotiated agreement between parties in litigation that governs how relevant electronic documents will be identified, preserved, collected, processed, reviewed, and produced to the opposing party. eDiscovery-related negotiations typically occur during the FRCP 26(f) Meet and Confer Conference of the Parties (or State equivalent). Courts and case law have made clear that these discussions are ongoing and can even occur in a more informal manner via email, etc. Regardless, the negotiated ESI Discovery protocol and relevant deadlines (court-provided or otherwise) are binding.

“Digital WarRoom is a powerful and consistent software platform for anyone that needs to plan a comprehensive attack on processing, review and production of electronically stored information.”