October 21, 2014

Technology is not an eDiscovery Silver Bullet: The Power of Organizational Development

The legal services industry has witnessed astonishing growth and development in the past decade. At its heart, technology has reinvented discovery and driven an ever-evolving market for products serving eDiscovery, information governance and big data. However, technology in a vacuum without complementary organizational eDiscovery architecture is like a locked door without a key.
September 10, 2014

The End of the Privilege Log as We Know It?

Anyone who has ever worked on a privilege log has probably suspected that there must be a better way to deal with privilege. There is … and it is finally gaining traction. Privilege logs may be one of the most wasteful parts of discovery. Costs are often high, as attorneys carefully consider for each privileged document what is the “right” description that is detailed enough to avoid challenge and yet does not betray the privileged information itself.
August 29, 2014

California BYOD May Get More Expensive

Earlier this month the California Court of Appeals issued an opinion that could weigh heavily on a company’s decision to have BYOD in California. In Cochran v. Schwan’s Home Service, the Court explained that “…when employees must use their personal cell phones for work-related calls, Labor Code section 2802 requires the employer to reimburse them.
August 19, 2014

Bad e-Discovery Habit # 5: Failing to Kick the Tires

It would be inefficient if inside or outside counsel attempted to do all discovery tasks themselves. Yet, if something goes wrong, all counsel may be held accountable. As described in Bad Habit #4: Not Documenting the Whole Process, the standard for counsel’s own conduct and supervision of others is whether counsel made a reasonable inquiry into circumstances and reasonable efforts to comply with obligations. In other words, you must be able to show that you’ve kicked the tires.
August 11, 2014

4 Steps to a Legal Hold – Software Not Required

Do you need to issue and track the status of litigation holds, without specialized software to help with the task? Don’t fret! Legal holds can be done with email, hyperlinks and a spreadsheet. While the details may vary according to the litigation and organization, there are key elements of a legal hold that are universal.