March 5, 2014

Protecting Privilege: Let’s (not) Be Reasonable

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

The Price of Being an Innocent Bystander: Managing Discovery Obligations for Non-parties

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

Five Questions to Ask Before…You Bring e-Discovery "In-House"

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

Thirteen Important Factors to Consider in Creating an Effective Keyword Search

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.
January 3, 2014

What Next Year Holds for eDiscovery

We've given you some reasons here as to why 2013 was a big year for eDiscovery, especially on issues such as predictive coding, cost shifting, and sanctions. Today, we look at some of the recent developments in the world of ESI and eDiscovery to highlight four likely trends in 2014.