E-Discovery

  • Proportionality
    Technology Advantage

    Proportionality: How Your E-Discovery Professional Can Assist

    In one sense, “proportionality” is about balance: weighing the pros and cons of an action in order to decide if that action is justified. For example: Is the cost worth the potential benefit? When applied to law, the concept of proportionality is central to the extent, limits and reasonableness of discovery in litigation. In this article, I’ve included some tips and tricks of the trade that your e-discovery professional (whether that be a project manager, e-discovery attorney or other specialist) can offer to help you work towards that elusive notion of proportionality.

  • Redacting Sensitive But Not Privileged Information
    Legal Updates

    Redacting Sensitive But Not Privileged Information: Surveying the Cases For and Against – PART ONE

    In an era of massive spreadsheets, expansive power points, and wide ranging email discussions, there are innumerable documents that may contain tremendous amounts of non-relevant and sensitive information which the opposing side would not be entitled to at all, except for that information’s proximity to minimal amounts of relevant information. Not all courts have come out in the same place on redacting non-responsive information, however, and there appears to be a dearth of controlling law or general consensus. In this article we will survey a cross section of relevant cases on both sides of the issue.

  • Part Two of ESI Basics: Processing
    Technology Advantage

    Part Two of ESI Basics: Processing

    This is Part Two of a continuing series on ESI basics. In this series, we cover some of the terms used most often on the tech-side of e-discovery. In Part One, my colleague, Phil Moon, provided an overview of PSTs. You can find that article here. Whether this is an introduction to you or a refresher, and whether you are an attorney, member of an in-house team or data analyst, this information may come in handy in your practice.

  • Ultra Running Takeaways For E-Discovery Success
    Technology Advantage

    Ultra Running Takeaways For E-Discovery Success

    Endurance running, specifically trail races and ultra-marathon events, is a favorite pastime activity that I have enjoyed for seven years. I have run races as short as five kilometers (3.1 miles), one longer than two hundred miles, and most at some intermediate distance. The mindfulness and problem-solving skills demanded to complete some of these events (for non-professionals!) translate well to the E-Discovery world.