Electronic Discovery Road Map

Be Careful What You Post: Social Networks Are Discoverable

Christine M. Meer — Wed, 13 Oct 2010 12:00:00 -0400

As two recent cases have made it abundantly clear, one must be very careful what is posted on your social networking cites. I was fascinated by the discussion in the blog on Forbes website entitled: Do Your Social Networking Privacy Settings Matter If You Get Sued? by Kashmir Hill.

Retrieving Discoverable E-Discovery Data from Social Media Sites: Or, "Wow, is this what I asked for?!"

Stephanie M. Maw — Tue, 28 Sep 2010 12:00:00 -0400

A great deal of attention has been properly paid to the inherent data privacy and compliance issues surrounding critical e-discovery data stored on social media sites such as Facebook, LinkedIn and Twitter. Moreover, when this same data is stored in the Cloud, these issues become further complicated.

Oh the stories a copier can tell!

Richard E. Wills — Thu, 27 May 2010 12:00:00 -0400

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.

Does Your Law Firm Follow ESI Best Practices

Clarence Williams III — Thu, 20 May 2010 12:00:00 -0400

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

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

Stephanie M. Maw — Thu, 11 Mar 2010 12:00:00 -0500

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.

Getting the Geeks to Reboot

Richard E. Wills — Thu, 18 Feb 2010 12:00:00 -0500

As the CIO of our firm (I prefer “Head Geek”, thank you very much) I see the time, effort, and money that is being spent on E-Discovery issues and wonder where this is all really going.

Reasonableness in Electronic Discovery

Tue, 02 Feb 2010 12:00:00 -0500

In a world of tightening budgets and greater scrutiny, how do litigants act reasonably while still fully prosecuting or defending a case? Is it possible to thoroughly address e-discovery issues without breaking the bank?

Email Archiving Tips

Clarence Williams III — Thu, 28 Jan 2010 12:00:00 -0500

It is a reality in today’s society that any organization in any industry that has the potential of being involved in litigation in the U.S. Federal Court system must comply with the FRCP requirements. The amendments which went into effect on December 1, 2006 mandate that companies be prepared for electronic discovery. The organization must know where their data is, how to retrieve it, how to meet data requests, and they must determine what data will not be subject to search.

Planning to Produce?

Stephanie M. Maw — Wed, 30 Dec 2009 12:00:00 -0500

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.

The Cooperation Proclamation: Way of the Future or Ideal Never to Pass?

Thu, 03 Dec 2009 12:00:00 -0500

When the Sedona Conference issued its Cooperation Proclamation in 2008, the concept was simple: collaborate with the adverse party to make the electronic discovery process transparent, effective, and efficient. Work together to reduce costs. Cooperate to fulfill the true spirit and intent of the rules. But is this possible?