April 28, 2014
In February, I had the privilege of moderating a panel on Changing Rules and Best Practices in e-Discovery, with Magistrate Judges Andrew Peck and Frank Maas of the Southern District of New York, and Chief Magistrate Judge Elizabeth Laporte of the Northern District of California. The judges provided insights on proposed Federal Rules of Civil Procedure amendments, and best practices relating to proportionality, efficiency and sanctions.
April 13, 2014
Those of you sitting at your desk doing the point-and-click with one eye while reading this article with the other, complaining to yourself about the burdens of compiling and sorting documents stored in electronic systems or accordion files, are living the easy life. If, on the other hand, you find yourself staring down a trash bag, face-to-face with the dark side of discovery, I have some news for you.
April 7, 2014
We've all seen those amazing depictions of old ladies buried in mountains of newspapers, baby clothes from the 50s, cats, and tons of useless tchotchkes. Most of us shake our heads in pity as we watch the hoarders living space disappear into their massive black hole of stuff that they claim to need, despite the fact that most of it they don't even know they have, and even more of it they'll never use.
March 27, 2014
It’s no secret that most people hate e-discovery. It often entails large price tags with little return to be shown for the money spent, other than being able to certify compliance with discovery obligations. In-house legal departments dread having to report and justify discovery costs internally, knowing it unfairly reinforces perceptions that their department is just a cost center.
March 18, 2014
Before you can begin a document collection, you need to build an understanding of the data sources. This is done based on the nature of the case, rather than individual requests. So why increase the pressures of compliance by procrastinating this step until you get the first set of requests?