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Best Practices

The Way eDiscovery Should be Done…

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 […]

Is Attorney Blogging a “Communication” Subject to the Rules of Professional Conduct?

The topic of legal blogging is outside the normal area that I cover in this eDiscovery blog, but I think it is important enough to bring to the attention of our reading audience.    After a number of years, no one really thinks about blogging anymore, it just is.  However, the State Bar of California recently […]

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 […]

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 […]

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 […]

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 […]