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Showing posts tagged with e-discovery software
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Matthew Nelson | 20 Dec 2013 | 2 comments

United States District Court Judge for the Northern District of Indiana, Ronald J. Miller, recently addressed what has arguably become the hottest predictive coding issue since Judge Andrew J. Peck’s February 2012 order in Da Silva Moore v. Publicis Groupe. The issue is whether or not parties who use predictive coding technology to assist with document productions should disclose the non-responsive documents used...

Chris Talbott | 11 Dec 2013 | 0 comments

We’re quickly approaching another milestone in the epic implementation of the Commodity Futures Trading Commission (CFTC) rules associated with the Dodd Frank Wall Street Reform and Consumer Protection Act (DFA); the expiration of a very contentious exemptive order that provided relief to cross border swap dealers (SD) and major swap participants (MSP) and foreign groups of US SDs and MSPs. If you follow the heated debate between Wall Street and the CFTC it is quite fitting that the order happens to...

Matthew Nelson | 30 Oct 2013 | 0 comments

Readers may recall last year’s expensive battle over the use of predictive coding technology in the 7th Circuit’s Kleen Products case. Although the battle was temporarily resolved in Defendants’ favor (they were not required to redo their production using predictive coding or other “Content Based Advanced Analytics” software), a new eDiscovery battle has surfaced this year between Plaintiffs and a non-party, The Levin Group (“TLG”).

In Kleen, Plaintiffs allege anticompetitive and collusive conduct by a...

Matthew Nelson | 30 Sep 2013 | 0 comments

One of the hottest information technology (IT) trends is to move data once stored within the corporate firewall into a hosted cloud environment managed by third-party providers. In 2013 alone, the public cloud services market is forecast to grow an astonishing 18.5 percent to $131 billion worldwide, up from $111 billion in 2012. The trend is driven largely by the fact that labor, infrastructure, and software costs can be reduced by sending email and other data to third-party providers for off-site hosting. Although the benefits of cloud computing are real, many organizations make the decision to move to the cloud without thoroughly weighing all the risks and benefits first.

A common problem is that many corporate IT departments fail to consult with...

Matthew Nelson | 07 Aug 2013 | 0 comments

Confusion about establishing a legally defensible approach for collecting data from computer hard drives during eDiscovery has existed for years. The confusion stems largely from the fact that traditional methodologies die hard and legal requirements are often misunderstood. The most traditional approach to data collection entails making forensic copies or mirror images of every custodian hard drive that may be relevant to a particular matter. This practice is still commonly followed because many believe collecting every shred of potentially relevant data from a custodian’s computer is the most efficient approach to data collection and the best way to avoid spoliation...

pfavro | 24 Jul 2013 | 0 comments

Various theories have been advanced over the years to determine why the digital age has caused the discovery process to spiral out of control. Many believe that the sheer volume of ESI has led to the increased costs and delays that now characterize eDiscovery. Others place the blame on the quixotic advocacy of certain lawyers who seek “any and all...

pfavro | 16 Jul 2013 | 1 comment

One of the most compelling objectives for amending the Federal Rules of Civil Procedure is to make civil discovery more efficient and cost effective. The proposed amendment to Federal Rule 1 – featured in our introductory post on this series that provides a comprehensive overview of the proposed amendments – is only one of several measures found in the amendment package that are designed to decrease the costs and delays associated with eDiscovery. Perhaps the most important of those measures are those that emphasize proportionality standards.

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pfavro | 09 Jul 2013 | 1 comment

You have probably heard the news. Changes are in the works for the Federal Rules of Civil Procedure that govern the discovery process. Approved for public comment last month by the Standing Committee on Rules of Practice and Procedure, the proposed amendments are generally designed to streamline discovery, encourage cooperative advocacy among litigants and eliminate gamesmanship. The amendments also try to tackle the continuing problems associated with the preservation of electronically stored information (ESI). As a result, a...

pfavro | 18 Jun 2013 | 0 comments

When Kolon Industries recently found itself on the wrong side of a $919 million verdict, the legal department for the South Korean-based manufacturer probably started to take inventory on what it might have done differently to have avoided such a fate. While that list could have included any number of entries, somewhere near the top had to be an action item to revamp its process for supervising the preservation and collection of electronically stored information (ESI) from company executives and employees....

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...