The tide of data never stops rising, and the sources of data never stop multiplying, and legal practitioners must somehow find a way to analyze it. Finding a way that is efficient and effective requires understanding the tools and techniques available to you so you can leverage the right ones.
On any new matter, an eDiscovery professional must assess the project’s goals and whether CAL can be leveraged to help achieve those goals. When considering CAL, there are three main decision points: deciding whether to use CAL, deciding how to use CAL, and deciding when your CAL process is complete.
As eDiscovery expands to include social media, mobile apps, collaboration tools, and more, understanding and conducting effective legal holds is more critical than ever. Done properly, legal holds set the stage for efficient and accurate matter management. Conducted without direction, legal holds can become a minefield for litigants.
As an in-house attorney, eDiscovery can often feel like a distraction from the substantive work you want to be doing, but successfully managing eDiscovery – including choosing the right partners – can result in finding better information, more quickly, and less expensively across all your matters.
Summary Losing a key employee is never easy. They often take with them institutional knowledge, important relationships, and critical skill sets. All this is enough of a challenge, but if they also take
Managing eDiscovery matters without a plan is like trying to navigate a major city without directions – chaotic, inefficient, and unlikely to get you where you wanted to go. Taking the time to scope and plan will help you understand where you need to go and how best to get there.
In every legal team, resignations are inevitable – regardless of how valued your employees may feel. There is a lot to consider when a key employee resigns, and your first instinct may be to focus only on immediate workload, but it’s also important to make a long-term planning a priority.
Now more than ever, corporate legal leaders must look at how their in-house team is operating, evaluate how to drive efficiencies, and assess when it may be time to bring in some help. One area savvy corporate teams focus on first is their contract review and negotiation processes.
No organization is immune from cyber incidents. Although helpful, minimalist data protection practices are often not enough to save organizations from costly data loss and embarrassing reputational damage. This Practice Guide reviews six strategies for mitigating the risk of cyber incidents in your organization.
Due to the popularity and volume of mobile devices being used throughout the world, they have become common sources of digital evidence in litigation proceedings. It is important to understand the different types of data that can be extracted from mobile devices, mobile device backups, and the cloud.
The preservation and collection of ESI is the foundation of any disclosure exercise. In the Business and Property Courts of England and Wales, the gathering of ESI must be conducted in accordance with the Practice Direction 51U - Disclosure Pilot Scheme.
Production is another discovery activity, like collection and processing, in which technical decisions can have logistical and legal effects. For this reason, it is important for practitioners to understand the fundamentals of production.
Document review is typically the most expensive phase of a discovery project, even with the sophisticated tools and techniques available today. Past studies have attributed more than half of discovery costs to review.
The fog of war is apt shorthand for the state of uncertainty that exists early in a new legal matter: What are the facts? What are the risks? What evidence exists, and what does it show? Early case assessment (ECA) is how we start to answer those questions.
The range of potential ESI sources is continually multiplying and diversifying. Processing is how we work with that diverse range of materials without using as many different pieces of software as there are types of sources and how we enable searching and document identification across different source types.
With source types multiplying – including challenging sources like smartphones, social media, and collaboration tools, it is more important than ever for legal practitioners of all types to familiarize themselves with the fundamentals of collection so that they can assist in spotting potential issues and identifying appropriate solutions.
Identification and preservation are the first and most fundamental phases of an electronic discovery effort. The duty of (identification and) preservation is a foundational concept in our legal system that grows out of the common law concept of “spoliation,” which is nearly 300 years old.
In discovery specifically, and in legal practice generally, the role of electronically-stored information (ESI) and new technology has grown exponentially over the past decade, as new sources have proliferated, new tools have become normalized, and new communication channels have supplanted the old.