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.
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.