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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...

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 | 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...

pfavro | 07 Mar 2013 | 3 comments

At eDiscovery 2.0, we have consistently followed the reports that Gibson Dunn has released on the state of eDiscovery. This is for good reason given its reputation as an excellent source of information on the trends affecting individual organizations and the industry as a whole.

The recently released 2012 annual report is no different, except that the overall tone is more positive. Instead of spotlighting the continuing problem of sanctions, the report showcases...

Matthew Nelson | 26 Feb 2013 | 0 comments

The 7th Circuit Pilot Program sponsored an educational mock hearing and expert panel discussion in Chicago last May to tackle important issues related to the use of predictive coding technology. The long awaited video footage of the event is finally here and available for review courtesy of Symantec.

The event begins with U.S. Chief Judge for the Northern District of Illinois, James F. Holderman, welcoming a courtroom packed full of...

pfavro | 06 Feb 2013 | 3 comments

You have heard this one before. Changes to the Federal Rules are in the works that could alleviate the eDiscovery burdens of organizations. Greeting this news with skepticism would probably be justified. After all, many feel that the last set of amendments failed to meet the hype of streamlining the discovery process to make litigation costs more reasonable. Others, while not declaring the revised...

Chris Talbott | 10 Jan 2013 | 1 comment

The eDiscovery frenzy that has gripped the American legal system over the past decade has become increasingly expensive. Particularly costly to both clients and the courts is the process of preserving and reviewing ESI. As a solution to these costs, many are emphasizing the concept of “proportionality.” Proportionality typically requires that the benefits of discovery be commensurate with its corresponding burdens.

Despite nearly universal agreement that eDiscovery should be governed by proportionality standards, there remains a polarizing debate that threatens to curtail the impact of proportionality. That debate is centered on disagreements over the scope of ESI preservation,...

pfavro | 04 Jan 2013 | 1 comment

The patent infringement litigation involving chipmaker Rambus took another twist this week as the court in Micron Technology v. Rambus declared several Rambus patents to be unenforceable as an eDiscovery sanction for its destruction of evidence. In a crushing blow to Rambus’ dynamic random access memory (DRAM) chips litigation strategy, the court reasoned that such a “dispositive...