July 28, 2014
Do you have a great memory? Unless you can remember what you had for breakfast every day for the last six months, you need to document each and every decision and action as you move along your discovery journey towards compliance. When something goes wrong in discovery, attorneys who do not carefully document their process frequently rely on emails and notes jotted into a legal pad to piece together the story of who did what and why.
June 27, 2014
The Sedona Conference Cooperation Proclamation has now been around for over five years, been endorsed by judges in at least 30 states plus the District of Columbia, and has been cited in dozens of opinions by judges wishing to make discovery efficient and civil. In other words, it’s at your own risk that you disregard the Proclamation’s principle that “Cooperation in discovery is consistent with zealous advocacy.”
June 4, 2014
If you’re using your document review tool just to view and code documents, consider reevaluating your tool or your process. Cutting edge discovery platforms offer tools to holistically manage many aspects of discovery. There are tools to efficiently cull and search documents, implement defensible quality controls, manage multiple workflows, organize case docket files, create dynamic fact outlines and trial prep kits, and predict ultimate discovery costs.
May 20, 2014
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
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.”