RSSCategory: Federal Rules of Civil Procedure

Do-It-Yourself (DIY) eDiscovery: Good Idea or Train Wreck Waiting to Happen?

| January 21, 2013

Over the past several years, the concept and associated technology to support Do-It-Yourself (DIY) eDiscovery has emerged within the litigation services and technology market as an approach that can increase productivity, provide users with more control over the process and ultimately reduce the overall cost of eDiscovery. Although there are use cases that prove the […]

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eDiscovery Christmas Wish List

| December 17, 2012

Anyone that has been involved in eDiscovery this past year has witnessed and has had to endure overwhelming increases in the volume of  Electronically Stored Information (ESI), the emergence of Social Media from everywhere, distributive new technologies, judicial confusion, changes in best practices, rising costs, reduced budgets,  increased enterprise expectations and lots of opinions about what […]

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Evolving Enterprise Standards for Early Case Assessment Software

| September 12, 2012

As a follow-up to my Article titled, “2012 Early Case Assessment Buyer’s Guide” in which I announced and discussed the results of eDSG’s and DCIG’s analysis and ranking of the top 30 Early Case Assessment (ECA) vendors and their technologies, this article provides more insight into what I believe are the criteria for defining a […]

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The Perfect Storm: eDiscovery and Cloud Service Providers

| January 25, 2012

The market for Cloud Service Providers (CSPs) is very sunny.  Forrester Research predicted in a research report published earlier this year titled, “Sizing the Cloud” that the global cloud computing market would reach $241 billion in 2020 compared to $40.7 in 2010.  And, Gartner Predicts that the eDiscovery market will reach $1.5 Billion by 2013.  However, based upon the research […]

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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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eDiscovery Decisions in 2011 Increase at Accelerating Rate

| July 26, 2011

The coveted  Gibson Dunn 2011 mid-year analysis on eDiscovery cases is out and it is not surprising that the number and sophistication of eDiscovery cases continued to grow at an accelerating rate. Highlights from the Gibson Dunn analysis of pertinent decisions include:   The number of eDiscovery decisions continues to increase at a blistering pace. […]

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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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The Seven Deadly Sins of eDiscovery

| January 16, 2010

The Seven Deadly Sins, also known as the Capital Vices or Cardinal Sins, is a classification of the most objectionable vices which has been used since early Catholic times to educate and instruct followers concerning (immoral) fallen man’s tendency to sin. The final version of the list consists of wrath, greed, sloth, pride, lust, envy, […]

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Obsolete Already?: Why the 2006 Amendments to the Federal Rules of Civil Procedure Need Revision

| December 12, 2009

As most people in the electronic discovery field are aware, eDiscovery is expensive, time consuming and complicated. The 2006 amendments to the Federal Rules of Civil Procedure did little more than acknowledge that electronic records are part of the discovery process. While this might have been shocking to some, it should not have been. Everything […]

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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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