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Symantec eDiscovery Blog
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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 ...

Matthew Nelson | 04 Apr 2013 | 4 comments

Predictive coding technology is a lot like the popular poker game Texas Hold ‘em. Both can be risky and expensive for players who don’t understand the fundamentals of the game. Good players understand what kind of information they need from their opponents in order to make informed decisions. Bad players, on the other hand, ignore important elements of the game like statistics that must be understood in order to avoid making big mistakes.

In January, Maura R. Grossman,...

pfavro | 29 Mar 2013 | 1 comment

One of the great questions that the legal profession and the eDiscovery cognoscenti are grappling with is how to best address the unreasonable costs and burdens associated with the discovery process. This is not a new phenomenon. While accentuated by the information explosion, the courts and rules makers have been struggling for years with a solution to this perpetual dilemma.

Proportionality As The Solution

Over the past three decades, the answer to this persistent problem has generally focused on emphasizing proportionality standards. Proportionality – requiring that the benefits...

AlliWalt | 19 Mar 2013 | 2 comments

On a recent trip to South Africa, where Symantec sponsored an event with PricewaterhouseCoopers (PwC) entitled The Protection of Personal Information (POPI) Drives Information Governance, customers and partners shared important insights. One major concern the attendees had was how they will comply with the newly proposed privacy legislation set to pass any day now.

POPI is the first comprehensive body of law addressing privacy in the country. Personal data is defined as a natural person’s name, date of birth, national identification number, passport number, health or credit information and other personally identifiable...