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Showing posts tagged with legal discovery
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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 | 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 | 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 | 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...

Chris Talbott | 23 Jan 2013 | 1 comment

We know how much you miss taking the bar. Or perhaps you just miss the excitement of the certified fraud examiner or forensic accountant exams. We understand—you long to showcase your legal trivia expertise again. To satisfy your craving, Symantec is offering a chance to test your hard earned eDiscovery knowledge at LegalTech, and to do it under game show pressure. Are you ready to meet the challenge…find out more here.

At LegalTech New York 2013, a few lucky attendees will be selected to face celebrity host Ben Bailey in the eDi$covery Cab. Picking up outside the Hilton, next to the infamous Symantec and Sweetery food truck café,...

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,...

Chris Talbott | 19 Dec 2012 | 0 comments

Having previously predicted the 'happenings-to-be' as well as recommended the 'what not to do' at LegalTech New York, the veteran LTNY team here at Symantec has decided to build anticipation for the 2013 event via a video series starring the LTNY un-baptized associate.  Get introduced to our eDiscovery-challenged protagonist in the first of our videos...

pfavro | 14 Dec 2012 | 3 comments

With the New Year quickly approaching, it is worth reflecting on some of the key eDiscovery developments that have occurred during 2012. While legislative, regulatory and rulemaking bodies have undoubtedly impacted eDiscovery, the judiciary has once again played the most dramatic role.  There are several lessons from the top 2012 court cases that, if followed, will likely help organizations reduce the costs and risks associated with eDiscovery. These cases also spotlight the expectations that courts will likely have for organizations in 2013 and beyond.

Implementing a Defensible Deletion Strategy

Case: ...

dascott | 14 Dec 2012 | 1 comment

Join hashtag #IGChat and learn about SharePoint governance and creating effective governance plans

Over the years, SharePoint has become a favorite among organizations as a place to share and manage content. As SharePoint adoption increases – storage, performance and on-going maintenance become major challenges, and SharePoint governance becomes essential. Archiving and eDiscovery solutions provide a key part in any effective and lasting governance strategy for SharePoint.  

In a 2012 survey conducted by Osterman research, the results showed that 39 percent of all SharePoint implementations still don’t have a governance plan. This is due to the fact that implementing governance plans can be difficult.

During this Twitter Chat we will discuss the reasons why organizations need SharePoint governance and the role of archiving and eDiscovery in governance plans. Please join Symantec’s archiving/eDiscovery and SharePoint experts, Dave Scott (@DScottyt) and...

pfavro | 19 Nov 2012 | 0 comments

The reviews are in and movie critics are universally acclaiming Lincoln, the most recent Hollywood rendition regarding the sixteenth president of the United States. While viewers may or may not enjoy the movie, the focus on Abraham Lincoln brings to mind a rather key insight for organizations seeking to strengthen their defensible deletion process.

Lincoln has long been admired for...