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Cavo Comments

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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 […]

Defensible Custodian Self-Collection is Possible, But it is Not Easy

    Many corporate counsels repeatedly express concern that eDiscovery identification, collection and preservation are extremely costly, time consuming and overly burdensome.  And to add to these concerns that courts continue to issue punitive sanctions for improperly executed ESI preservation. Is self collection the answer?  Given that the volume of ESI continues to expand, alternative approaches […]

Metadata is Important – It Should be Part of Every eDiscovery Data Request

For a long time attorneys have been telling those of us in eDiscovery that Metadata is “just not worth the effort, it complicates eDiscovery productions and no one ever uses it”.  I think we all understand that Metadata will not always be used in a case and may not be probative, but when you need it, […]

What Will 2015 Likely Mean for eDiscovery? – Some Things to Watch For

Given that the law generally moves at a constant rate of speed, far too slowly for this technology specialist, I am not predicting any radical changes in either eDiscovery Tools or adoption rates of existing technology. But since adoption is on a continuum, certain things will begin to pick up momentum since they are no […]

The Value of Project Management and Technology: The Devil is in the Details

In Re: Delta/AirTrain Baggage (N.D. Ga Feb. 3, 2012 included discussions about the importance of eDiscovery Project Management.  While not codified in any formal rule, recent court rulings lean very heavily towards the details required during the eDiscovery process; which in turn point to the key role that Project Managers and updated eDiscovery tools have in […]

Why We Have Rules of Law… and Why We Should Follow Them

Preface I would like to start off with what I hope is an obvious statement.  Lawsuits are supposed to be about the pursuit of truth through fact finding.  The Discovery process is supposed to be the exchange of these facts and lawyers are then tasked with interpreting those facts in a way most favorable to […]

A Primer on the Importance of “Deleted” Emails in Productions – Consultion with Expertsis Key to Correctly Processing

The common understanding of what it means to “delete” a document can often lead to confusion when it comes time to produce and review certain data on a computer.  This is especially true when you are discussing email messages.  Many think that when we hit the delete button, the email message is wiped from the […]

Release Legal Holds and Then Dispose of Electronically Stored Data

In theory, releasing a legal hold is a fairly straightforward process.  When a matter is resolved, preservation obligations are lifted.  The legal team then informs custodians and data keepers that they are no longer required to retain electronically stored information (ESI), and  that the normal disposition policies are restored. In practice however, many organizations struggle […]

Attorney Diligence and What it Means

US District Judge Anthony Trenga, will be conducting a hearing in the near future in Virginia over whether counsel for a client who spoliated data repeatedly should be held responsible for their client’s misdeeds.  One of the key questions that will be explored is the duty of attorneys to lay down the law for those […]

Social Media Can’t Continue to be Ignored in Today’s Litigation Climate

Why is it that the legal community can’t seem to come to grips with the role that social media plays in today’s eDiscovery litigation?  It certainly is not because it isn’t prevalent.  A recent Pew Study showed that 73 percent of all US adults engage in social media of some type.  Yet lawyers continue to […]