Electronically Stored Evidence

eDSG Poll: 91% Have Witnessed Unprofessional or Unethical Behavior in eDiscovery

August 19, 2012 // 0 Comments

In eDiscovery Solutions Group’s most recent survey of the eDiscovery market it found that 91% of those surveyed have witnessed unethical or unprofessional behavior in eDiscovery. Surprisingly, only 9% indicated that they had not witnessed this kind of behavior.     The survey revealed that 36% had seen improper behavior from service providers […]

Professionalism and eDiscovery: Going beyond ethical considerations

July 31, 2012 // 0 Comments

During the last few years, there has been much discussion, and even some interesting debates, about ethical eDiscovery issues.  Much focus has been on the topics of duties to preserve records, duties to disclose records, and the state Rules of Professional Conduct.  But, I believe it is not sufficient to consider only […]

New York Appellate Court: Disintegration of Business Relationship Requires Preservation of ESI

March 8, 2012 // 0 Comments

Recently in VOOM v. EchoStar, 2012 NY Slip Op. 00658 (Jan. 31, 2012) the Supreme Court, Appellate Division of New York entered upheld a lower court’s decision imposing sanctions against EchoStar for spoliation of ESI. The most striking portion of this decision is the requirement that when a business relationship […]

Standards Need to Emerge for Collecting and Processing Electronically Stored Evidence (ESE)

October 9, 2009 // 0 Comments

Most litigators and their litigation support staff that have been practicing over the past 5-10 years could probably teach a class on the process of preservation, collection, processing, review and production of paper evidence. Or, at least they could stand at a whiteboard and draw a basic workflow diagram of […]

Is Your eDiscovery Tool Missing Something?

February 25, 2009 // 0 Comments

Over the past couple of months, I have been getting an increasing volume of inquiries from law firms and corporate legal departments asking what is an acceptable  percentage of Electronically Stored Evidence (ESE) for today’s advanced eDiscovery tools to miss.  My immediate response is that they shouldn’t miss anything.   However, […]