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Categorical Privilege Logs May Be Inadequate, Court Orders Plaintiff to Provide a Metadata Log

Summary South Carolina District Judge J. Michelle Childs recently ruled that a plaintiff’s Categorical Privilege Log was inadequate and ordered the plaintiff to supply a new log that contained metadata about each document.  In   Companion Property and Casualty Insurance Company v. U.S. Bank N.A. et al, No. 15-01300 (D. S.C., Nov 3, 2016 , the […]

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Email Threading is an Effective Pre-Review Analytic Tool to Improve Early Case Assessment

Introduction Early Case Assessment has come back to the forefront of eDiscovery.  For a number of years, people focused solely on speeding up the document review process and forgot about the importance of culling data to reduce the volume of material that needs to be reviewed.  Given the rapidly increasing volume of ESI, the demand […]

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Proportionality Analysis from the FRCP Should Include Relevancy Factors

Introduction A recent District of Arizona case, ‘In re: Bard IVC Filters Products Liability Litigation’,  has created some definition and guidelines about how the scope of discovery under Rule 26(b)(1) should be treated.  For the last 11 months, the FRCP has been the subject of much discussion and analysis by various courts across the country.  […]

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Built-In Communications Dashboard Improves Project Management- Part 3

Introduction This is Part 3 of a video blog that discusses the role a detailed communication dashboard can have on eDiscovery project management.  Please see Video Blog 32, Built-In Communications Dashboard Improves Project Management for the preliminary discussion. Given the complexity of eDiscovery projects, maintaining project control with a central Dashboard communication system is an […]

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Built-In Communications Dashboard Improves Project Management- Part 2

Introduction This is Part 2 of a video blog that discusses the role a detailed communications dashboard can have on eDiscovery project management.  Please see Video Blog 32, Built-In Communications Dashboard Improves Project Management for the preliminary discussion. Given the complexity of eDiscovery projects, maintaining project control with a central Dashboard communication system is an […]

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Built-In Communications Dashboard Improves Project Management- Part 1

Introduction This is going to be a 3 part video blog that discusses the role a detailed communications dashboard can have on eDiscovery project management.  Given the complexity of eDiscovery projects, maintaining project control with a central Dashboard communication system is an important way to more easily control all aspects of a project. And when […]

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Defensible eDiscovery Should be Planned and Executed with Clear Defensible Strategies Before You Begin the Process

In September of 2016, the Sedona Conference released Commentary on Defense of Process: Principles and Guidelines for Developing and Implementing a Sound E-Discovery Process, for public comment.  The purpose of the commentary, defensible ediscovery,  is to set forth general guidance to help parties and the courts deal with the growing complexity of eDiscovery.  The goal […]

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End User Software Customization- Cavo eD Created a Platform Within a Platform

      The Issue With the growing complexity of eDiscovery comes increasing eDiscovery software functionality. Each new tool or analytic component adds complexity to software platforms that can make them complex to use and complicated for staff to implement. eDiscovery platforms often have hundreds of options to choose from for power users to get […]

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Are Privilege Logs Really Unsettled Law in 2016?

      Given that it is 2016, I would have thought the issues surrounding the provision of privilege logs during discovery would have been long settled.  I once participated in a litigation matter that had a privilege log with tens of thousands of documents listed on it that was created by hand.  Needless to […]

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