May 20, 2014

Sedona Writes a Prescription for Information Governance

Information governance (IG) is is the antidote to ESI, as recently prescribed in The Sedona Conference Principles on Information Governance (SCPIG). The SCPIG defines information governance “as an organization’s coordinated interdisciplinary approach to satisfying information compliance requirements and managing information risks while optimizing information value.”[i] We should all question the value of the information that we create before we create it.
May 14, 2014

State Secrets in China: What You Need to Know

In the realm of cross-border discovery, each country presents different issues and potential concerns when pursuing information and document collections. For many countries, the most significant issues result from laws that limit the scope of collection permitted. However, when collecting from Chinese companies, a more significant issue is often the laws regarding the broad protection of “state secrets.”
May 7, 2014

How Many Times are You Paying to Host the Same Document?

A continuing pain point for litigious corporations is hosting, and what many corporations do not realize is just how many times they are paying to host the same sets of documents. Vendors who have the ability to process/host a document once — regardless of how many times it is used — will diminish a corporation’s litigation spend.
April 28, 2014

What the Judges Said: Top 10 Takeaways from LegalTech Judges Panel

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

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.