April 13, 2014

Trash Bag Discovery: The Dark Side of Document Review

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

Are you a data hoarder?

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

Lipstick on a Pig: 5 Reasons to Love E-Discovery

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

Top 5 e-Discovery Bad Habits You Should Break, Part I

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?
March 17, 2014

Who picks up the tab for e-Discovery? A roadmap for cost shifting under Rule 26(c)

Does your e-Discovery strategy for a new case include determining what costs should be paid by the other party? A little advance planning can save you a lot of money. If you can show that the burden of certain information outweighs its likely benefit, you may be able to shift costs to the other side, or even avoid production altogether.