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What the Petraeus Scandal Can Teach Us about the Power of Electronically Stored Information

Created on November 20, 2012

Those in the e-discovery industry live in a world of electronically stored information (ESI), metadata, legal holds and data collections. In reality, these terms and concepts aren't widely understood by the legal community, let alone the general public. For that reason, incidents like the scandal surrounding General David Petraeus' extramarital affair help to remind us all some of the unique ways ESI can be used to unearth facts and piece together a story.The purpose of this post is not to recount the entire Petraeus saga. Rather, my goal is to draw attention... Read More

International Comity: An often forgotten third option during cross-border e-discovery

Created on November 15, 2012

Vice President, E-Discovery

As I discussed in my last post, Cross-Border E-Discovery – A choice between two lesser evils?, the complexity of e-discovery heightens when discovery cuts across borders. In these situations, legal teams are often forced to decide between obeying United States' discovery rules or complying with foreign data privacy and protection laws. A third option exists. The doctrine of international comity, domestic courts giving deference to foreign law, enables U.S. courts to excuse the discovery of data located in foreign countries. To determine if this doctrine is appropriate, courts will conduct a fact-based... Read More

The Role of Sampling in E-Discovery Predictive Technologies

Created on November 12, 2012

I've enjoyed reading Karl Schieneman's recent series on metrics in predictive coding in the eDiscovery Journal. One passage in particular from his most recent post caught my attention:“I agree it would be nice to know in advance if the number of random sample documents your TAR system uses is enough to train it adequately. If the system is looking at 5,000 documents as a training set, is that enough? Or, should it be something smaller, such as 2,000 documents? Or whether the final recall rate of responsive documents found should be an... Read More

Ambiguity Around E-Discovery Cost Shifting and More News of the Week

Created on November 5, 2012

Inside Counsel: Attorney Adam Cohen analyzes recent case law that addresses e-discovery cost shifting here.eDiscovery Journal: eDJ Group analyst Greg Buckles describes the e-discovery challenges associated with Microsoft Sharepoint here.eDiscovery Team: In the spirit of the new Disney movie Wreck-It Ralph, e-discovery attorney Ralph Losey lists some of the things he'd like to wreck in e-discovery here.Law Technology News: Attorneys Judy Selby, Brian Esser and Joshua Rog discuss e-discovery preservation challenges here.e-Discovery Insights: California e-discovery attorney and consultant Perry Segal addresses the e-discovery risks associated with the bring-your-own-device (BYOD) movement here.Electronic Discovery Law... Read More

Recent Court Decisions Remind Legal Teams to Proactively Address E-Discovery Requirements

Created on November 1, 2012

Vice President, E-Discovery

Reading, reviewing and analyzing e-discovery trends and best practices on a daily basis can make one forget that e-discovery is still a relatively niche field. While everyone, yes I mean everyone from corporate legal teams to private law firms to small businesses, will need to address how to manage and formulate a defensible e-discovery process, sometimes people within the e-discovery field need to step back outside the “e-discovery bubble." Even though e-discovery technology is moving ahead at a blistering pace (i.e. predictive technologies' ability to proactively cull document sets before attorney... Read More

Court Instructs Parties to Utilize Predictive Coding and Other E-Discovery News of the Week

Created on October 29, 2012

Electronic Discovery Law: K&L Gates bloggers weigh in on a Delaware judge's recent ruling instructing the parties to use predictive coding here.Inside Counsel: Attorney Alicia Faccone recaps a case where the court used the Federal Rules of Civil Procedure and Supreme Court precedent to justify cost-shifting here.e-Discovery Team: E-Discovery attorney Ralph Losey addresses a variety of topics including his new website of e-discovery best practices for attorneys here.Law Technology News: Michael Spencer, records and discovery manager for DISH Network and Diana Fasching, senior adviser with Redgrave LLP examine the complexities of targeting... Read More

BREAKING NEWS! Delaware Judge Becomes First to Mandate the Use of Predictive Technologies in E-Discovery

Created on October 26, 2012

As previously reported by the E-Discovery Beat, 2012 has seen a handful of cases where judges have permitted the use of predictive coding. Common in all these cases was one party requesting that the technology be used. Earlier this month, a judge in Delaware became the first to require both sides of a dispute to use predictive coding, even though neither party asked for it.Vice Chancellor J. Travis Laster in Delaware Chancery Court issued the historic order in EOHB, Inc, et al v. HOL Holdings, LLC, C.A. No. 7409-VCL (Del. Ch. Oct... Read More