March 12, 2014
Not every matter has the budget of the bet the company kind of litigation. However, simply going with self-collection protocols can be more costly in the long run if counsel doesn’t understand the potential pitfalls. Here are five critical questions to ask yourself (or the custodian that would be self-collecting) before you go down that road.
March 5, 2014
The use of 502(d) orders is catching on, as the burdens and risks of privilege protection grow along with increasing volumes of documents in discovery. In many courtrooms, judges will ask the parties to agree to a 502(d) order if the parties do not raise it themselves. At the November Georgetown Law Advanced eDiscovery Institute in November 2013, Judge Waxse went so far as to say that he believes it is malpractice per se for attorneys to engage in discovery without a 502(d) order.
March 1, 2014
If the burdens of discovery can seem harsh to a litigating party, they can seem downright draconian to non-parties. Litigating parties, at least, often have leverage to negotiate the scope of discovery given their own power to subpoena. They also have the expectation that discovery and other costs of litigation will be justified if they win their case.
February 23, 2014
Corporations and law firms alike strive for ways to control costs and access of litigation, particularly as it relates to e-Discovery. While some have successful brought aspects of e-Discovery in-house, many have learned the hard way that this is no small task. Here are five questions to ask yourself before you try bringing e-Discovery into your house.
February 19, 2014
Keyword searching is an objective search method commonly used to limit data collections to documents containing terms believed to be a strong indicator of potential relevance. To accomplish this goal, eDiscovery practitioners create lists of words or search strings using proximity connectors which are then compared against an index of the terms extracted from the documents in the database.