Early in my career, I worked on an arbitration that challenged the effectiveness of a claims administration company. I sent our client’s expert witness five audits of the company, a fact I noted in the cover letter. ...more
Success in eDiscovery is determined largely by the ability to synergize “people, process and technology.” Okay, we hear your collective groan. The phrase is trite, tired and overused, which is what it is. Since it works so...more
Having an efficient and proportional strategy has always been critical to keeping cases on track against budget and deadlines. COVID-19 has had an unprecedented disruptive impact on many cases and schedules. ...more
Not all eDiscovery cases are created equal. The path to a more cost-effective eDiscovery management strategy starts by identifying the individual matters that need increased focus. This blog post is devoted to identifying the...more
The coronavirus means significant new litigation realities. It is not too early to start preparing for litigation on the other side of the pandemic. This series of short blogs will provide practical solutions for managing...more
How can eDiscovery be better?
This critical question has occupied the vast majority of the Baker Donelson eDiscovery Team’s time and attention for many years....more
On September 12, 2018, the United States District Court for the Middle District of Tennessee issued a new Administrative Order 174-1 (current AO) governing eDiscovery. ...more
Artificial intelligence (AI) enabled legal tools are reaching the market at an incredible pace. Understanding and vetting such technology is critical to ensuring better outcomes for legal projects. ...more
As a lawyer, I attend many, many conferences. On my last conference road trip, I was grabbing dinner at the end of the evening and catching up on my basketball news at the hotel restaurant. ...more
I spend a lot of time in Music City. On a recent trip I stopped by Hattie B’s to try their famous Nashville hot chicken. I placed my order with a guy while he simultaneously jammed to a rock anthem. After hearing my Western...more
To ensure value, eDiscovery projects should look to both provide a compelling narrative to the trial team, as well as continuously improve case outcomes by facilitating case management.
The goal of eDiscovery should be to...more
To be valuable, eDiscovery needs to ensure the greatest usability of all data reviewed and produced. Every dollar spent should buy more than mere compliance; it should buy valuable case insights.
While it is easy to focus...more
Why are we settling for less than exceptional eDiscovery results?
My guiding principle for eDiscovery is simple: eDiscovery always must deliver exceptional value to the client. A general counsel purchasing eDiscovery...more
How do we keep our focus on the case objectives throughout the eDiscovery cycle?
A trial team is focused, first and foremost, on the outcome of the actual litigation. To be valuable, the eDiscovery costs must directly...more
My oldest son is currently practicing his clarinet because he wants to go to a local magnet school. Practice makes perfect has become a consistent refrain in my household. While he doesn’t always enjoy the practice, he knows...more
Substantial changes to the Federal Rules of Civil Procedure (FRCP) went into effect on December 1, 2015. The upshot of these amendments was to change several important procedural aspects of the FRCP governing eDiscovery (the...more
Litigation is an unfortunate inevitability in the long term care industry. How well your company weathers that storm often depends on your preparation, and one of the most vital parts of your litigation response plan is your...more