Electronically Stored Information

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 […]

Navigating eDiscovery in the Cloud Shouldn’t Be That Difficult

November 29, 2011 // 1 Comment

In a follow up to my Blog post titled, “eDiscovery in the Cloud: The Sky Is Not Falling“, this Blog post is dedicated to the premise that successfully navigating eDiscovery in the cloud is not as complicated as many are indicating it should be or as complicated as many are making it. Successfully navigating the […]

eDiscovery Data Mapping Should be a Top Priority for General Counsel and CIOs within the Global 2000

May 11, 2010 // 0 Comments

A key aspect and legal requirement of eDiscovery is the creation of a data map to determine precisely what information is available within an organization and where it resides. This is a process that should begin long before a company ever finds itself in court. Surprisingly, over the past 2 […]

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, […]