ESI Discovery Protocol - What To Include

on Wed, Dec 02, 2020 By | Jeremy Greer | 0 Comments | Best Practices
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. e Discovery 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 protocol and relevant deadlines (court provided or otherwise) are binding.
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6 Strategies To Guide Your Selection of eDiscovery Vendors

on Mon, Sep 28, 2020 By | Jeremy Greer | 0 Comments | Best Practices
Vetting ediscovery companies can be a daunting task. As your matter case load and the size of matters increases, the gravity of the decision could demand that more stakeholders play a role in the selection process. As an ediscovery software vendor ourselves, we've seen many approaches to the selection of legal vendors. One tidbit we always like to include is YMMV - Your mileage may vary. While we can speak at a high level about our features, pricing, support and how we differentiate ourselves, the reality is that all law firms have their own unique needs. We highly recommend taking a step back to assess the needs of the case and potential future cases. Depending on whether you require a point solution, a couple specific features, or a full suite of offerings, a live demo and 1 hour of your time should be considered a minimum to begin to grasp the capabilities of a given e discovery software offering.
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Pondering Proportionality and the Scope of Discovery

on Thu, Sep 17, 2020 By | Alison ONeill | 0 Comments | Best Practices
With the ever-expanding amount of Electronically Stored Information (ESI) the concept of proportionality is a critical factor in today’s litigation. While it is difficult to define a “typical” civil case, various sources report the average ESI in a civil case to be 100 GB which equates to 6.5 million printed pages.
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What Is A Load File? Prep For Negotiating ESI Agreements

on Thu, Aug 20, 2020 By | Jeremy Greer | 0 Comments | Best Practices
In litigation, the producing party is required to provide responsive documents in an agreed-upon format. A load file organizes a document corpus and associated metadata so that the production can easily be exported and ingested into a separate eDiscovery database.
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The Cryptic Nature of Encryption: eDiscovery and Protected ESI

on Thu, Aug 20, 2020 By | Jeremy Greer | 0 Comments | Best Practices
How secure is the content of your hard drive?  Do you routinely protect confidential documents by assigning a password?  Does your company have an email encryption program for employee email?  Do you use encryption on mobile storage such as thumb drives?
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Native File Format Increasingly Makes Sense in eDiscovery

on Mon, Jul 20, 2020 By | Jeremy Greer | 0 Comments | Best Practices
Whether you are the requesting or producing party in litigation, it's important to consider the options for production formats. The chosen production format will affect the cost of discovery and in some case, the ease of review of the produced documents.
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Top eDiscovery Certifications, Courses, Education & More

on Mon, Jun 29, 2020 By | Jeremy Greer | 1 Comment | Best Practices
Digital WarRoom supports a range of eDiscovery educational initiatives. Several organizations offer a range of services from eDiscovery training, to eDiscovery courses, networking and resources. We believe in Just, Speedy and Inexpensive eDiscovery. Many of the resources and initiatives we support are important catalysts in making eDiscovery accessible for all sized firms and all sized cases. These orgs are great opportunities to break into an eDiscovery career, advance a professional resume and gain knowledge from established eDiscovery veterans. I’ll also recommend a range of eDiscovery blogs, eDiscovery podcasts and eDiscovery books to stay up to date on trends and thought leadership.
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How to Protect Against Ransomware Attacks

on Mon, Jun 22, 2020 By | Bill Gallivan | 0 Comments | Best Practices
Cybercrime continues to cast a large shadow across the legal community, especially when it comes to ransomware. Within a single 24-hour period alone, three law firms were targets of such cybercriminal exploits, resulting in stolen data and the potential for sensitive information to be posted in public forums.
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Email Discovery - How To Preserve, Collect, & Review

on Mon, Jun 08, 2020 By | Jeremy Greer | 0 Comments | Best Practices
Email is one of the most commonly collected forms of electronically stored information in legal matters. When a person or company is subpoenaed, the requesting party will most likely ask for all or a subset of the email box of each potentially relevant custodian. The search, interview, and legal hold process may be time-consuming, but just know that a good amount of the relevant data you are looking for more often than not is in email format. Both the producing party and the custodians themselves can use export functionality within their email application of choice to collect and deliver the email files in question. This pre-existing functionality should make it easier for lawyers to instruct custodians on proper preservation and collection practices.
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Notes On Matter Migration To Digital WarRoom

on Mon, Apr 27, 2020 By | Dan Gallivan | 0 Comments | Best Practices
Whether you are in the process of switching vendors or simply deciding how to best cooperate with the opposing party on asking for a production format that works in your system, there are several things to keep in mind.
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