Electronic Discovery Professional Practice

Read Electronic Discovery updates, articles, and commentary from leading lawyers, law firms, and legal consultants:
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Critical Road Map for ESI in Litigation

It is the beginning of a new year and I thought it the ideal time to list out those steps that are absolutely critical when an attorney is confronting his/her obligation to produce e-discovery in connection with a litigation....more

The Bottom Line is the Bottom Line: Three Ways for Cutting Costs Across the Stages of E-Discovery

E-Discovery is often viewed as being a niche in the larger legal world. It’s often an ancillary topic in law schools, and according to one respondent in a recent Exterro survey, “Most lawyers view e-discovery as akin to...more

Judge Cuts Over $10M from Attorney Fees Due to Use of Temporary Attorneys for Document Review: eDiscovery Case Law

The use of temporary associates for document review (and billing at normal staff associate rates) caused a federal judge in Manhattan to reduce the request for attorney fees by $10.3 million in a settlement of a securities...more

REAL CLE Credit and Also a Bit About FAKE Lawyers: eDiscovery Trends

These are two totally unrelated topics, by the way.... ...In the latest post in his excellent LawSites blog (What’s With These Fake Lawyer Blogs and Twitter Accounts?), Bob Ambrogi mentions that he has “five very loyal...more

A Cloud on the Horizon? Attorneys’ Obligations when Using a Third-Party’s Cloud-Based Services

When we think of clouds, we likely picture cumulus, stratus, and cirrus ones, not the type of “cloud” that holds data and software. The latter type of cloud is generally controlled by a third-party service provider and is...more

Why the world is talking about e-discovery

While technological advances over the past decade have provided many useful tools that aid efficiency, the accompanying explosion in the sheer volume of electronic information generated in the day-to-day operation of a...more

For Your Project to Succeed, You May Need To Be a “Debbie Downer”: eDiscovery Best Practices

Everybody knows somebody like this.  In eDiscovery terms, it might sound like this: “The zip file will probably be corrupt and we’ll probably have to spend a lot of time trying to repair it.”  WOMP WOMP! Or...more

Lawyers Beware: Sending Native File Documents to Third Parties May Violate Your Ethical Obligations

The rules governing discovery of electronically stored information, though not fully developed, have matured enough to provide the basic “do’s and don’ts” for attorneys. Frequently, a party must produce electronic documents,...more

Is This the Age of Technical Competence for Attorneys?: eDiscovery Trends

Last year, I led off the year with a post declaring that the age of eDiscovery automation is upon us (even with an exclamation point for emphasis!). Was that the case?...more

Exterro's Legal Matter Closing Checklist

You’re excited that a legal matter is finally over and done with, but what’s often forgotten is that there are a number steps legal teams must take before a matter is officially closed....more

What is De-Duplication and How Do I Do It?

When collecting electronically stored information (“ESI”) from multiple custodians (i.e., various individuals/ different sources), there will necessarily be duplicative documents collected in the process. In company-wide...more

Here’s Where You Can Get a Complete List of eDiscovery Events for 2017: eDiscovery Trends

How many eDiscovery related events are happening in 2017? You might be surprised as to how many there are, but, the good news is that you can get a complete list of them below....more

[Event] PREX17 — The Premier Conference for Corporate E-Discovery Professionals - September 12-14th, Portland, OR

Now in it’s sixth year, PREX has emerged as the premier conference specifically designed to meet the needs of in-house e-discovery professionals. After attending PREX17, you will return to your desk the following Monday with...more

WHY I Do What I Do: eDiscovery Reflections

One of the things I like most about working at CloudNine is the company culture and one of the things that has been instrumental in defining and shaping our company culture is our company book club. We’ve reviewed and...more

Missed the eDiscovery Business Confidence Webinar? Here is Where You Can Still Check it Out: eDiscovery Trends

On Wednesday, ACEDS hosted a webinar (sponsored by CloudNine) where we discussed results from the Fall 2016 eDiscovery Business Confidence Survey, which was conducted last month with the results published on Rob Robinson’s...more

Discovering the future

Technology assisted document review (TAR) has been ordered for the first time in Australia by the Victorian Supreme Court. Given the large number of documents being created every day and the need to deal with cases at...more

The Importance of Early Data Assessment: eDiscovery Best Practices

Why do we have a picture of Santa Claus for an eDiscovery blog post about early data assessment? Read on. In the Fall 2016 eDiscovery Business Confidence Survey conducted last month, over a third of all respondents...more

Guidelines for Retaining a Forensic Investigator

Many competent IT departments lack the expertise, hardware, or software to preserve evidence in a forensically sound manner and to thoroughly investigate a security incident. In-house counsel needs to be able to recognize...more

E-Discovery — Setting standards, not cover

The Sedona Conference has a slogan: “Moving the law forward in a reasoned and just way”. That slogan is exactly the way I have described this impressive organization and what do....more

E-Discovery Moneyball: Brad Blickstein and the Ninth Annual Law Department Operations Survey

In Michael Lewis’s book, Moneyball, he discusses Oakland Athletics’ General Manager Billy Beane’s use of rigorous statistical analysis to find baseball players who added the most value to their team’s success for the least...more

It May Be FALL, But eDiscovery Business Confidence Is On The RISE: eDiscovery Trends

The results are in from the ACEDS and Complex Discovery Fall 2016 eDiscovery Business Confidence Survey, which was conducted last month and (as was the case for the Winter, Spring and Summer surveys) the results are published...more

From Federal Procedure Rules to State Bar Association Rules —Lawyers Need Tech Skills to Remain Competent

Today, amendments to the Federal Rules of Appellate, Civil, Criminal, and Bankruptcy Procedure go into effect. Based on these amendments, litigators may want to brush up on their tech skills. In fact, litigators may be...more

By 2020, 92 Percent of Everything We Do Will Be in The Cloud: eDiscovery Trends

In this case, I guess you could say that foresight is 2020… :o) Before I begin, though, I should note that: Today is the last day to participate in the quarterly eDiscovery Business Confidence Survey being conducted by...more

The Light that Shone One Dim Winter Afternoon: The Story of the First E-Discovery Day Celebration

E-Discovery Day is just around the corner, and people are already gearing up for a great lineup of webcasts with speakers from across the industry, as well as live events in various cities across the US. December 1st is the...more

E-Discovery Day 2.0: eDiscovery Trends

We’ve recently celebrated Halloween, we’re about to celebrate Thanksgiving. Guess what we celebrate next? You guessed it, it’s…E-Discovery Day!* As the site for E-Discovery Day states, “[o]n December 1, 2016, thousands...more

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