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FROM LAW CLERK TO FIRST CHAIR: EFFECTIVE POSITIONING OF TAR

The selection of the actual TAR technology platform, while important, is not the most salient factor required for making optimal use of TAR.  Rather, identifying and seeking collaborative agreement as to the ultimate strategic use and objectives sought from TAR, and really understanding the what, when, why and how to use it, is the most salient factor required to inform your pragmatic decision regarding whether or not to employ a TAR methodology.

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Oh the stories a copier can tell!

It seems that most every copy machine manufactured since 2002 contains and uses hard disk drives.  Better yet, most all of these copiers are now digital MFPs (MultiFunction Products) that scan, email, fax ,and copy.  As you’ll see in the CBS report, the device has to store a copy of the document being printed or imaged on that hard drive in order to do its work.  Worse, those images can be retrieved, in many cases, just as files on a computer hard drive can be retrieved. 

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Does Your Law Firm Follow ESI Best Practices

Over the years the overwhelming volume of electronically stored information (ESI) continues to grow. 

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Got Your Head Up In the Clouds? Additional Concerns Over Cloud Computing

In her January 11, 2010 post about Cloud Computing, Chris Meer exposed three important considerations when evaluating whether or not to manage critical e-discovery data in the Cloud:  1) the level and quality of your Cloud service provider’s Internet security model; 2) the ability to access your e-discovery data and documents on a 24/7 basis if needed; and 3) the subsequent finely crafted contractual and working relationship with your Cloud service provider that is absolutely required in order to facilitate that access.

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Zubulake Revisited: Six Years Later

A recent case out of the Southern District of New York sheds additional light on the issue of defining negligence, gross negligence, and willfulness in the e-discovery context, and gives insight into what types of conduct fall in each of those categories. 

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Planning to Produce?

While it seems most of us agree and follow amended Rule 34(b)’s form of production requirement that both parties produce ESI in the form or forms ordinarily maintained or those that are reasonably useable, an often overlooked Advisory Committee Note seems to still wreck havoc in many, often large and expensive ESI productions, causing otherwise unnecessary additional time and expense to clients and their law firms along the way:  the burden of the producing party to ‘announce its intention to produce in a particular format’, such as .tiff images or a litigation database load file format, such as Summation, Concordance, or IPRO.

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Magic or Science: You Be the Judge

In-House EDD Processing: A Risky Business for Law Firms

In the wake of continued colossal e-discovery volume and associated costs, several highly respected law firms have seen fit to implement their own in-house EDD processing shops in an effort to control and reduce one of the highest e-discovery pain points for clients. 

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