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Best Practices

The Way eDiscovery Should be Done…..

The Real Lesson of the Wells Fargo Data Debacle… Is it a Failure of People, Process or Technology?

Introduction On July 20th, a lawyer from Bressler, Amery & Ross representing Wells Fargo was notified that confidential information on some of the bank’s wealthiest clients had mistakenly been produced without redaction, and without a confidentiality agreement in place. Furthermore, the CD-ROM was released by the receiving party to the New York Times, which resulted […]

How to Use the FRCP to Your Advantage – Rule 26(g)

  There are many court mandated procedural tools that exist in the Federal Rules of Civil Procedure.   However, we often get questions from attorneys that lead us to believe that many are not as familiar with the rules as they should be.  Granted, they are a little dry in their presentation, but in fact, they […]

eDiscovery Procedures Must be a Skillset Possessed by all Attorneys – The Details Matter

  For reasons I don’t quite understand, eDiscovery is still scary to many lawyers.  After years of working with a variety of attorneys across the country, I believe that the core reason is that eDiscovery seems to consist of complex technology that is outside the area of comfort for many attorneys.  But the reality of […]

Can Attorneys Rely Exclusively on the Power of FRE 502 (d)?

      The Federal Rules of Evidence (FRE) has some very specific language under the section “Attorney-Client Privilege and Work Product; Limitations of Waiver.  The idea behind FRE 502(d) is straightforward;  to protect privileged information that is inadvertently exchanged during the eDiscovery process.  The problem, as is often the case, is more complicated and […]

eDiscovery Tips for Outside Counsel

    In a  prior article, “eDiscovery Trends that will Likely Impact Corporate Counsel in 2017” I discussed the increased role that Corporate Counsel needs to have in all facets of litigation regarding their enterprise to make sure that outside counsel are providing true inclusive full service advice.  Today I am going to focus on […]

eDiscovery Trends That Will Likely Impact Corporate Counsel in 2017 – You Need to be In-The-Know

Corporate Counsel need to be more involved in all facets of litigation involving their enterprise.  It is no longer enough to hire outside counsel and assume that they will take care of all your litigation needs.  With the recent amendments to the Federal Rules of Civil Procedure (FRCP) in 2016, there are major changes that […]

Early Planning of eDiscovery Data Gathering – Technology Improves Efficiency and Case Knowledge

  Technology is just another tool to be used by lawyers.  But it is an extremely important and valuable tool when joined with People and Processes to form a cohesive strategy.  People, Processes and Technology are all equal players in eDiscovery.  Like all other tools however, technology must be deployed in a timely manner and […]

Did You Know that Lawyers Have a Duty to be Technologically Competent?

Five years ago, in 2012, the American Bar Association approved some changes to the Model Rules of Professional Conduct, to make it clear that lawyers are required to be competent in the law and its practice as well as in the field of legal technology. What some viewed as long overdue, others viewed as a […]

“Self-Collection” is all the rage…Proposed New Federal Rule May Make it Even Easier to Perform

      There was an amazing amount of writing and analysis about last year’s changes to the FRCP that took place in December 2016 regarding eDiscovery, but much less attention has been paid to proposed changes to the Rules of Federal Evidence (FRE) which are due to take place in December 2017. Rule 902, […]

Is Metadata Important in eDiscovery? You be the Judge….

      Many of us involved in eDiscovery take for granted the belief that metadata is an important part of eDiscovery and should always be collected.  However, there is still a lot of push-back from attorneys who think it is a waste of time and effort, mostly because they don’t understand how it can […]