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Speeding Up E-Data Review

It’s impossible for counsel to look at every single document that’s part of a large-scale e-data review—doing so would be prohibitively costly and time-consuming. But it’s also unacceptable to blindly produce documents to the opposing party. You can safeguard clients without excessive expense by taking time at the beginning of the case to make some determinations about how to conduct the review. Try one of these four ways to speed up e-data review. Continue reading

Production Problems: Formatting E-Data

ThinkstockPhotos-164446354Producing electronic data in discovery can be complicated by format issues: How do you determine which format to use? Continue reading

BYOD = BYOA (Aspirin)

ThinkstockPhotos-76800137The following is a guest blog post by Perry L. Segal, an eDiscovery attorney with more than 25 years of combined experience in law and technology. He regularly writes on the subject at eDiscovery Insights.

In a side-by-side comparison between the benefits and detriments of BYOD (Bring Your Own Device), there’s no doubt that allowing BYOD might seem likely to yield productivity gains and other benefits for the company. But from a technology-management standpoint, BYOD causes great difficulty. If I were consulted, here’s why I’d likely fall into the “against” group.

Continue reading

Avoid the Dangers of Missing E-Data

Most discovery requests will require production of electronic data. Even if you’re tech savvy, it’s better not to go it alone because the sanctions for missing something can be huge, as Delta Airlines and defense counsel in a trademark case have found out the hard way. Plus you have an ethical duty to competently handle e-discovery—including bringing technical consultants on board when needed. Continue reading

Picking the E-Data Custodian’s Brain

After you’ve ensured that your client is preserving all potentially relevant or responsive electronic data, you need to identify what E-data to collect for potential use in the litigation, including for discovery. This means you need to find the key data custodians and pick their brains. Continue reading

Sharing Search Terms

During discovery, parties often use search terms to separate the wheat from the chaff, i.e., the irrelevant or unresponsive data from the relevant or responsive information.  The sheer volume of electronic material makes the use of search terms a necessity, but, as with many conveniences, there is some risk involved.  The key may be in agreeing to share search terms that will improve the process without showing your hand. Continue reading

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