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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.

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.

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.

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.

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.

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 a prosecutor is only required to share evidence deemed exculpatory of the defendant.

ESI Definition - What is ESI? ESI stands for electronically stored information. Electronically stored information is a legal term broadly defined as any data or documents that are created or stored on electronic media. Types of ESI are often used as electronic evidence in litigation. The United States Federal Rules of Civil Procedure govern attorney obligations for disclosure, review, and production of electronic documents which are relevant to litigation.

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.”

What Are Email Threads? 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.

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.

eDiscovery can make or break your case. It establishes the scope of litigation for both parties, 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.

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. Both the requesting and producing party have a number of obligations to meet during the discovery process, whether this done through eDiscovery software or other discovery methods, which are extensively detailed in Federal Rule of Civil Procedure 26 (FRCP).

What is eDiscovery Document Production? eDiscovery document production refers to the process of disclosing electronically stored information (ESI) and documents relevant to a legal investigation or litigation. It involves identifying, collecting, reviewing, and producing documents and data as required by legal obligations and agreements. This process is governed by rules and guidelines such as Rule 34a of the Federal Rules of Civil Procedure (FRCP), which outlines the responsibilities and requirements for parties involved in litigation to exchange relevant information. Step 1: Understand Your Obligations and Requirements In litigation, 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 Procedure (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.

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. Your eDiscovery workflow may follow a specific, defined order, or more commonly your discovery plan may allow you to come back for second and third rounds of data identification. 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.

In litigation, understanding what a privilege log is and how it functions is crucial for legal professionals. A privilege log serves as a formal record that lists documents or communications withheld from discovery due to claims of privilege. This document is vital for maintaining confidentiality while ensuring compliance with legal obligations. This blog will delve into what a privilege log is, its importance in litigation, the various types of privilege logs used, best practices for creating one, and relevant legal standards. What is a Privilege Log in Discovery? A privilege log plays a critical role during the discovery phase of litigation. It provides a detailed account of documents or communications that parties are withholding from opposing counsel based on claims of privilege. The purpose of this log is to allow parties to understand the nature of the withheld information while protecting sensitive content from disclosure.