April 23, 2015

The Data Dump: what to do when you’ve received too much data?-Part 1

Have you ever been overwhelmed by a document dump? If your adversary “dumps” a large amount of data on you, with little regard for relevance or organization, how do you deal with it? Years ago, you would have sent associates to a warehouse where they would pour over pages of moldy and musty documents and return with a few hot documents in a few months. Now, the volumes produced make that nearly impossible and prohibitively costly.
April 8, 2015

Judge Peck’s Latest Word: Revisiting Technology Assisted Review (TAR)

Leading judicial voice in the field of Technology Assisted Review, US Magistrate Judge Andrew Peck, is at it again. Three years after his seminal Opinion asserting that Technology Assisted Review “is an available tool and should be seriously considered for use” in Da Silva Moore v. Publicis Group & MSL Grp., 287 F.R.D. 182 (S.D.N.Y. 2012), aff'd, 2012 WL 1446534 (S.D.N.Y. Apr. 26, 2012), he is revisiting the issue of TAR’s place in the e-discovery landscape in Rio Tinto PLC v. Vale S.A., Case No. 14 Civ. 3042 (Mar. 3, 2015 S.D.N.Y.).
February 18, 2015

Getting to Know Your ESI: Early data mapping efforts pay dividends

he first two steps in the Electronic Discovery Reference Model are Information Governance and Identification. To be effective in each of these steps, you will need a data map. The last thing you want is to explain to a judge after a 26(f) conference that you’re “still trying to locate and understand the data” your client has stored. They have had the entire life cycle of their business to understand it; the fact that you or your outside counsel must scramble to do it now is unlikely to help your case. Further, with the increased focus on cooperation in the discovery phase of litigation, it is important to know what you have and how to meaningfully talk about it.
February 16, 2015

What the Judges Said: Top 10 Takeaways from 2015 LegalTech Judges Panel

At this year’s Legal Tech, I once again had the honor of moderating the Judges Panel, including Judge John Facciola (D.D.C., retired), Judge Andrew Peck (S.D.N.Y), Judge Frank Maas (S.D.N.Y), and Judge Elizabeth Laporte (N.D.Cal.). This time, we had a provocative topic (or, perhaps –as Judge Peck put it–, a depressing one): “What’s Wrong with Discovery?”
February 9, 2015

Custodial Interviews: You’re Doing it Wrong

Custodial interviews are a key part of discovery. Perhaps more than any other process, the interviews provide opportunities for successful, efficient discovery. However, if mishandled, they are likely to lead to later problems.