RSSCategory: Electronically Stored Information

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

| March 8, 2012

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 disintegrates and a party terminates […]

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eDiscovery and the Lawyer’s Duty of Competence

| December 28, 2011

The level of eDiscovery knowledge and experience among attorneys is widely varied. Some understand the issues in-depth, others have a passing knowledge of the basics, and other do not have even a beginner’s comprehension of the issues. Those who fail to acquire a working understanding eDiscovery issues are doing a great disservice to their clients; […]

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Navigating eDiscovery in the Cloud Shouldn’t Be That Difficult

| November 29, 2011

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 brave new world of eDiscovery […]

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Building ROI for an eDiscovery Cloud Computing Model

| November 1, 2010

Cloud Computing is an important step in the evolution of Enterprise Information Technology Systems.  And, without a doubt represents that next big paradigm shift in eDiscovery Information Technology.  As such, I plan to dedicate my blog for the remainder of the year to investigating and reporting on Enterprise eDiscovery in the Cloud.  As an adjunct […]

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When to Bring eDiscovery In-house or Move to Cloud Computing?

| May 20, 2010

Over the past 18 months, the “big buzz” in the eDiscovery market has been that the Global 2000 are bringing eDiscovery in house.  The value proposition is that outsourcing to legal vendors, service providers and/or outside counsel is just too expensive.  And, ultimately, ensuring that it (eDiscovery) is done properly (i.e. in a legally defensible […]

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

| May 11, 2010

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 years, I haven’t found more […]

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

| October 9, 2009

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 the basic steps. However, with […]

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Is Your eDiscovery Tool Missing Something?

| February 25, 2009

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, after further reflection, this is […]

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