E-Discovery Best Practices

  • Redacted
    Technology Advantage

    Right on Redactions

    In my experience as an e-discovery project manager, I’ve found that one of the primary reasons for lengthy document reviews is the need to redact documents. While the extent to which redactions will be needed may not be known at the outset of a review, good project management should include recognizing when and what type of redactions may be needed. Factors to consider include the type of case, the extensive nature of the collection process, the type of files processed for review, the stipulations agreed to in the ESI protocol and protective order, the sophistication of the legal teams involved, the contentious nature of the dispute and, perhaps of equal importance, the technology available to apply those redactions.

     

  • Privilege
    Legal Updates

    Risks of Waiving Privilege for Third Party Litigants When Producing Documents to the Government

    Waiver of privilege and particularly inadvertent waiver of privilege is always a concern in e-discovery when producing documents to an outside party. Not only may your current litigation be affected but waiver may also affect your client’s future litigations and other litigation teams that had no involvement with your production. This is a particularly serious concern when producing documents to the government, given the power dynamics involved.

  • Masks
    Legal Updates

    Life After COVID 19: E-Discovery Considerations for Attorneys and Clients

    Life around the world has significantly changed in the last three months. From job losses, homeschooling, and working from home, daily life is not the same as it was in February. The world of E-Discovery has not been immune. Law firms and service providers have been forced to adapt to a quickly changing environment. From an E-Discovery perspective, the use of these remote working tools creates new data sources for preservation and collection. Diligent attorneys and clients would be wise to consider and discuss how these tools might impact the phases of E-Discovery moving forward.

  • Platform Mojo
    Technology Advantage

    Platform-Agnostic Search Mojo!

    Searching is a core e-discovery skill that has been a part of the legal case landscape for about two decades now. Throughout that time, the fundamental capabilities for keyword searching have not changed much. However, my experience has shown that crafting a good, effective search a core e-discovery technical (and artistic!) skill. This blog offers insight into how to do just that.

  • Shifting Costs
    Legal Updates

    Shifting Costs for Responding to Subpoenas Under FRCP 45

    Generally speaking, the presumption is that third parties will bear at least some of the costs of complying with proper subpoenas. That said, Courts often expect that a requesting party will negotiate in good faith the costs of compliance and, if those costs are significant, the requesting party would agree to cover at least some of the costs or limit its requests in light of the requirement of FRCP 45(d)(2)(B)(ii). As demonstrated by a recent case, though FRCP 45 provides two avenues for a third party to recover its costs for responding to a subpoena in federal litigation, such awards are the exception to the rule.