E-Discovery Law Blog

Viewing by month: December 2009

Dec 23 2009

Happy Holidays

Posted by Nicole Steckman at 11:06 AM - Categories:

Our offices will close Wednesday, December 23, 2009 at noon and will remain closed for the holidays until Monday, January 4, 2010.  We wish you a safe and happy holiday season.

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Dec 23 2009

Mitigating Risk in an Industry Filled with Technological Goliaths

With each new technology comes a new challenge. Like David’s plight to slay Goliath, the practitioner encounters the e-discovery giant with each emerging technology. Keeping up with today’s trends is not an easy task. The moment the legal industry thinks it has conquered one technology, another steps in to take its place. And, if that is not enough, upgrades and modifications to current configurations and protocols occur just as frequently.

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Posted by Salvatore Mancuso at 10:45 AM - Categories: New Trends | Technology | Cloud Computing | Utility Computing

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Dec 18 2009

The Challenges of Structured Data Discovery

When we talk about the discovery process in litigation, there are some well-known repositories of electronic information.  Corporate email is almost always a source of potentially relevant documents.   Employee laptops and desktops often contain not only email archives, but also potentially relevant loose business documents like document drafts, spreadsheets, and presentations.  Network repositories, such as shared folders and private directories, may also be potentially relevant data sources.

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Posted by Juilan Ackert at 10:16 AM - Categories: Litigation | Structured data

6 comments

Dec 16 2009

Reflections on Progress in E-Discovery Education

Electronic discovery is not a topic typically associated with merrymaking.  Instead, e-discovery more typically brings to mind thoughts of risk, sanctions, cost and other assorted ills that are not on anyone’s holiday present wish-list.   But as we approach the end of the year and enjoy the warm glow of holiday spirit we should focus on positive developments in the field.   The e-discovery “community” should look back with some sense of satisfaction at the improvements it has worked so hard to achieve in the arena of professional awareness and education about e-discovery.  In recent years, the increase in the numbers of lawyers and legal professionals becoming aware of and in even sophisticated about e-discovery issues stands out as a positive trend moving the field forward in the right direction.  No one would suggest that there isn’t a lot more to be done; however, the empty part of the glass should not make us blind to the part that is filled.

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Posted by Adam I. Cohen at 11:21 AM - Categories: New Trends | CLE

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Dec 14 2009

Metadata and Ethics

Metadata consists of both system metadata and application metadata. Examples of system metadata include a file’s name, location, format and the dates on which a file was created, modified and accessed.  Application metadata include spreadsheet formulae, and comments or redline changes in word processing documents.  Metadata is often not immediately apparent to users, although many fields of metadata may be revealed with a simple mouse click.

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Posted by Conor R. Crowley at 11:45 AM - Categories:

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Dec 11 2009

2009 U.S. and EU Conference on Cross Border Data Flows, Data Protection & Privacy

The 2009 Conference on Cross Border Data Flows, Data Protection and Privacy, entitled:  “Across the Divide: Successfully Navigating Safe Harbor” was held in Washington, D.C. from November 16-18, 2009.  The conference was organized by the United States Department of Commerce with the participation and cooperation of the European Commission and the Article 29 Working Party on Data Protection.

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Posted by M. James Daley at 1:30 PM - Categories: CLE | International Concerns

7 comments

Dec 10 2009

Advocating Proportionality? Study the Case Law!

A high percentage of recent e-discovery decisions turn on the failure of the parties to discuss and address issues early on in litigation.  Whether the dispute involves the appropriateness of keyword searching, form of production, or the scope of discovery, judges are responding with a largely uniform theme:  do not bring me disputes that could have (and should have) been addressed by meaningful discussions that the rules envision (and require) the parties to have.

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Posted by Gil Keteltas at 11:44 AM - Categories: Proportionality | Case Law

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