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Building High Performance Project Teams: Some Tips to Consider

We would all like to think that there is a strict formula to follow in order to create productive, high performance project teams.  Yet in reality, there is no definitive checklist that will guarantee success.  In the legal eDiscovery field, the equivalent formula must include equal focus on People, Processes and Technology in order to […]

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 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 […]

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 […]

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 […]

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 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 […]

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 […]