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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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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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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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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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. 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.
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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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