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.
March 12, 2014

Five Questions to Ask Before…Self-Collecting Evidence

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.