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Symantec eDiscovery Blog
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Matthew Nelson | 12 Jun 2013 | 0 comments

This week marks the release of the 3rd annual Gartner Magic Quadrant for e-Discovery Software report.  In the early days of eDiscovery, most companies outsourced almost every sizeable project to vendors and law firms so eDiscovery software was barely a blip on the radar screen for technology analysts. Fast forward a few years to an era of explosive information growth and rising eDiscovery costs and the landscape has changed significantly. Today, much of the outsourced eDiscovery “services” business has been replaced by eDiscovery software solutions that organizations bring in house to...

Zachary Bosin | 12 Jun 2013 | 0 comments

As information volumes continue to explode, the need for a strategic information governance plan has never been more important. Organizations are struggling to reduce their electronically stored information (ESI) footprint, while at the same time ensuring they are prepared to satisfy eDiscovery requests and comply with retention requirements stemming from Dodd-Frank and FINRA 10-06.

This is where Defensible Deletion comes into play. Defensible Deletion is a comprehensive approach that companies implement to reduce the storage costs and legal risks associated with the retention of electronically stored information. Organizations that establish a systematic methodology for cutting down their information clutter have been successful in avoiding court sanctions and eliminating ESI that has little or no business value.

Please join the Symantec Archiving & eDiscovery team on Wednesday, June 19 at 9:30am PT for an On Air Google+ Hangout and learn techniques for reducing...

pfavro | 29 May 2013 | 0 comments

The news surrounding the eDiscovery industry is trending positive for organizations. Instances where companies have been sanctioned for alleged failures to preserve or produce electronically stored information (ESI) seem to be dropping. This is confirmed by various court opinions from 2012, together with reports from key industry players. In addition, the Civil Rules Advisory Committee is close to releasing for public comment draft amendments to Federal Rule of...

pfavro | 20 May 2013 | 0 comments

The world of eDiscovery appears to be revolving around a trifecta of issues that are important to both clients and counsel. A discovery-focused conversation with litigants and lawyers in 2013 will almost invariably turn to some combination of this eDiscovery trinity: Spoliation sanctions, keyword searches and predictive coding. This should not come as a surprise since all three of these issues can have a strong impact on the cost, duration and disposition of a lawsuit. Indeed, the near universal desire among parties to minimize discovery costs and thereby further the resolution of cases on the merits has driven the Civil Rules Advisory Committee to...

pfavro | 15 May 2013 | 1 comment

One of the clear eDiscovery trends that has taken root during the past year is defensible deletion. Indeed, there are any number of news stories reporting that more organizations are taking steps to eliminate electronically stored information (ESI) that has little to any business value. This is further confirmed by industry surveys whose empirical data suggests that a tipping point has been reached on the issue of defensible deletion. For example, in a recent...

pfavro | 10 May 2013 | 0 comments

Apple obtained a narrow discovery victory yesterday in its long running legal battle against fellow technology titan Samsung. In Apple Inc. v. Samsung Electronics Co. Ltd, the court ordered non-party Google to turn over the search terms and custodians that it used to produce documents in response to an Apple subpoena.

According to the court’s order, Apple argued for the production of Google’s search terms and custodians in order “to know how Google created the universe from which it produced documents.” The court noted that Apple sought such information “to evaluate the adequacy of Google’s search, and if it finds that search...

AlliWalt | 03 May 2013 | 1 comment

Much of the writing in the eDiscovery community focuses on the consequences of a party failing to adequately accomplish one of the nine boxes of the Electronic Discovery Reference Model. Breaking news posts frequently report on how spoliation and sanctions are typically issued for failure to suspend auto-deletion or to properly circulate a written litigation hold notices. This begs the question, aside from becoming perfectly adept in all nine boxes of the EDRM, how else can an organization protect themselves from discovery wars and sanctions?

One way is explore the possibilities Alternative Dispute Resolution (ADR) has to offer. While there is no substitute for the proper...

pfavro | 26 Apr 2013 | 0 comments

Confidentiality in the digital age is certainly an elusive concept. As more organizations turn to social networking sites, cloud computing, and bring your own device (BYOD) policies to facilitate commercial enterprise, they are finding that such innovations could provide unwanted visibility into their business operations. Indeed, technology has seemingly placed confidential corporate information at the fingertips of third parties. This phenomenon, in which some third party could be examining your trade secrets, revenue streams and attorney-client communications, brings to mind an iconic colloquy from the movie Ocean’s Eleven...

Matthew Nelson | 23 Apr 2013 | 2 comments

 

References to the “Sedona Bubble” are overheard more and more commonly at conferences dealing with cutting edge topics like the use of predictive coding technology in eDiscovery. The “Sedona Bubble” refers to a small number of lawyers and judges (most of whom are members of The Sedona Conference) that are fully engaged in discussions about issues that influence the evolution of modern discovery practice. Let’s face it. The fact that only a small percentage of judges and lawyers drive important eDiscovery policy decisions is more than just a belief, it is reality.

This reality stems largely from the fact that litigators are a busy lot. So busy in fact, that they are often forced to operate reactively instead...

Matthew Nelson | 12 Apr 2013 | 4 comments

In Part One of “How Good is Your Predictive Coding Poker Face?” we shared video footage of Maura R. Grossman, Craig Ball, Ralph C. Losey and myself (Matthew Nelson) discussing similarities between predictive coding technology and the popular poker game ...