Originally published by eDiscovery News. Cost shifting is the concept of shifting the expense associated with your discovery obligations, in whole or in part, to the party requesting the material. The concept is not new, but it is historically underused, in part because courts and third party decision makers have been…
Originally published by JD Supra Business Advisor. eDiscovery is poised to enter a new revolution as the Internet of Things (“IoT”) continues its seemingly exponential growth. IoT is the ecosystem of interconnected sensory devices that perform coordinated, pre-programmed – and even learned – tasks without the need for continuous human…
Originally published on ELL Blog. Authored By: Schawn-Paul Rotella Citation: Herron v. Fannie Mae, 1:10-cv-00943-RMC, (D.D.C. Feb. 2, 2015). e-Lesson Learned: Judges are human. When requesting discovery amid multiple discovery disputes, one’s requests should be narrow and specific. Otherwise, one risks the presiding judge’s cutting off all future discovery due…
Originally published on FCW. The expanding reach of the Freedom of Information Act has introduced a new dynamic at federal agencies, and it is driving the need for IT professionals in the public sector to understand and conduct electronic discovery for records being requested by individuals and private parties under…
Originally published on Legal IT Insider. By Stan Pierson In our first article, we discussed this year’s revisions to FRCP 37(e) – set to go into effect in December. The new rule is more about solving problems caused by lost ESI than punishment for the loss, provided parties take reasonable…
Originally published on Legal IT Insider. by Stan Pierson… Changes are coming to the Federal Rules of Civil Procedure this year. The revisions are set to take effect in December – and there’s a lot of interest in the proposed changes to Rule 37(e), which focuses on spoliation. Let’s take…
Originally published on Legaltech news. Privilege review typically involves attorneys meticulously inspecting collected documents—but it doesn’t have to. Bill Piwonka, Law Technology News International Data Corporation estimates the volume of digital data created globally will grow 40 percent to 50 percent a year, reaching 40 zettabytes by 2020. Managing these…
Originally published on Above the Law. By Jeff Bennion It seems like I can’t go to an eDiscovery CLE without someone talking about California’s Proposed Formal Opinion 11-0004. It’s probably my fault, at least in part. For those of you who only go to interesting CLEs, allow me to summarize: it’s…
Originally published on DriveSavers Data Recovery. When a data recovery service provider is needed, be sure the facility has the proper industry certifications. Otherwise, the data you are missing may be at a much higher risk of being unrecoverable or even permanently destroyed. The Dangers of Microscopic Particles in Data…
Originally published on New York Law Journal. By Stephen M. Kramarsky Just about every practicing litigator has a story about electronically stored information, or ESI: how it won the case or lost the case or turned up or disappeared. It’s fair to say that electronic discovery has entirely transformed litigation over…
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