I am often asked by clients and subscribers to the blog, What is E-discovery? And so, this week’s post is intended to respond to that question.
E-discovery is the abbreviated term for electronic discovery and refers to the process in which electronic data (as compared to paper or object information) is sought, located, secured, reviewed
Whether we like it or not, a reality of today’s world is that often important business is conducted by text messages. And so, when it is time to issue a litigation hold notice, you must include an instruction to preserve text messages as well as the devices from which they are sent/received (i.e., smartphones). Your
Rule 1 of the Federal Rules of Civil Procedure calls upon courts and litigants to “secure the just, speedy, and inexpensive determination of every action and proceeding.” And so, it comes as no surprise that technology assisted review (“TAR”) is being widely embraced by the legal profession.
What is TAR?
TAR (also called predictive coding,
De-duplication (“de-duping”) is the process of comparing electronic records based on their content and characteristics and removing duplicate records from the data set so that only one instance of an electronic record is produced when there two or more identical copies. De-duplicating a data set is a smart way to reduce volume and increase efficiencies
The Electronic Discovery Reference Model (EDRM) is a framework that outlines standards for the recovery and discovery of digital data. An EDRM diagram created by Duke Law (https://www.edrm.net/frameworks-and-standards/edrm-model/) represents a conceptual view of the e-discovery process, which is not a linear process, necessarily. In fact, you may engage in some, but not all
Approximately, one year ago, I authored a blog about emoticons finding their way into the courtroom as purported evidence of a crime or tort (Texter Beware: Emojis as Evidence). Although emoticons began appearing in court in 2004, their presence has risen exponentially. In fact, just last month, Eric Goldman of the Santa Clara
This is the 4th and final blog in a multi-part blog discussing various critical requirements that can serve as the road map to allow a lawyer to fulfill his/her duty of technological competence. [Click here to read Part 1, here to read Part 2, and here to read Part 3].
You have assessed the discovery
This is Part 3 in a multi-part blog discussing various critical requirements that can serve as the road map to allow a lawyer to fulfill his/her duty of technological competence. [Click here to read Part 1 and here to read Part 2]..
After you have assessed the discovery needs and issues in a given matter,
The role of electronically stored information (“ESI”) and new technologies has grown tremendously in recent years. This growth has a direct impact on discovery specifically, and the practice of law, generally. And so, the new practical reality is that attorneys need to be technologically literate and competent. This should come as no surprise to those
Often viewed as a necessary evil, the Rule 26(f) conference can serve as an invaluable opportunity to meaningfully discuss discovery such that the process is streamlined and seeks to avoid unnecessary (and often costly) disputes. Generally speaking, Rule 26(f), among other things, sets the deadline for the conference as soon as practicable and at least