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Education

The Way eDiscovery Should be Done….

“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 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 […]

What is Needed to Make eDiscovery Work in Your Favor? Skills and Principles to Consider

As a non-attorney in a field dominated by lawyers, I have had to work extra hard to have a voice in the legal industry.  An early focus on discovery rules and principles that was then adapted to the “new” field of eDiscovery has provided me with a level of expertise that allows me to speak […]

eDiscovery is Just Like any Other Business Process: It Needs to be Managed, Measured, and Optimized

        This is a second in a series of blog presentations about the need to apply business principles, particularly Business Process Management to eDiscovery Processes (Click here for related article).  Again the legal profession appears to be somewhat late to the party recognizing the need for and defining the linkage between people, […]

Without Safe Harbor, How Does eDiscovery Proceed?

The Safe Harbor ruling on October 6, 2015 is having a profound effect on international eDiscovery.  Data transfers that were once routine have become far more complex given the issues surrounding protection of personal data.  New procedures have not yet been fully adopted, and anyone involved in EU litigation needs to stay apprised of the […]