Discovery Resources

As a first year associate with the ink yet to dry on my diploma, I remember being introduced to the “concourse level” of our Rockefeller center office building.  The other associates called it the dungeon, and I quickly learned why— it was the windowless basement of a 70-floor office building.  Down in the dungeon I encountered the next 4 years of my life:  about 1000 bankers boxes of paper and 500 disks of single page TIFFs with no load files.  My task was to inventory this massive amount of data and “make sense of it all,” as no one knew what had been accumulated.  The case started 22 years earliercontinue…

Date: Thursday October 11, 2012
Time: 1:00 PM ET / 10:00 AM PT (60 minutes)

Join Fios for a lively session on case law and litigation support best practices. Rebecca James will interview Ralph Losey and delve into current e-discovery issues, the impact of technology on legal education and industry maturation status. Ralph will also assess the state of the industry as 2012 nears the home stretch.

During this webcast you will have an opportunity to:

• Hear about a couple of the latest cases Ralph is monitoring
• Ask your e-discovery questions live as calls from the audience are answered during the program
• Understand  why evolving technology will soon demand

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*This blog post by ESG Analyst Katey Wood was originally posted on ESG Blog on September 13, 2012.

E-discovery in general is not a major focus of ILTA, given how much of it law firms outsource to service providers – and increasingly how much corporate clients outsource to service providers directly or perform themselves, in-house.

Yet attorney review – the most costly part of e-discovery – is front and center, as hosting, legal process outsourcing, Alternate Fee Arrangements, and computer-assisted review create a “new normal” for service delivery and pricing. 

These trends cropped up throughout sessions and briefings:

• Fixed fees and AFAs were discussed in several sessions.
• Predictive

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Date: Thursday September 20, 2012
Time: 1:00 PM ET / 10:00 AM PT (60 minutes)

Most litigation and investigations involve some form of redaction. Rule 5.2 of the Federal Rules of Civil Procedure requires privacy protection for individuals named in party or non-party filings. Redactions are time consuming, labor intensive and error prone, but getting them right is important. Missed redactions have the potential to expose sensitive information, and they can also lead to sanctions.

Learn about Fios Redaction Assistant (FRA), a tool that Relativity users can use to automate and accelerate the redaction process while improving accuracy and consistency at the same time.

This webcast will discuss:

• Common

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It is finally here – a way to auto-redact in Relativity. Fios has launched Redaction Assistant, an exciting new product that gives you the ability to quickly and efficiently identify and automatically redact repeated and patterned data such as Social Security numbers, customer account numbers, dates and names – all within Relativity.

Redactions are extremely time consuming, fraught with human error, costly and potentially risky for law firms and corporation alike. Certain personal information requires high levels of protection. Missed Social Security numbers, taxpayer ID numbers, financial account numbers or birth dates can all result in sanctions. Fios Redaction Assistant (FRA) allows you to achieve unprecedented levels of consistency, efficiencycontinue…

kCura constantly strives to advance product performance and frequently calls upon their own customers for input on development initiatives. Vendor-specific user groups are a valuable resource in legal technology product improvement efforts. The International Legal Technology Association (ILTA) is a good example. ILTA was not a formal professional organization 34 years ago, but was simply a loose-knit group of product users who found value in sharing ideas to help their software vendor make improvements. Now it has evolved into an indispensable resource for the entire legal technology community.

Similarly, kCura, by providing an open forum where users can make suggestions on ways to enhance and improve Relativity – its industry-leadingcontinue…

Tom Allman’s recently updated paper, E-Discovery in Federal and State Courts, acquaints readers with many of the impacts of the 2006 Federal Amendments, the influence of local initiatives and “best practices” guidance on e-discovery and the status of rulemaking today. The paper also includes links to helpful references and resources including cases, advisory committee materials and proposed rules. The paper’s appendix contains state-by-state summaries.  The full paper, plus appendix, is available here.

A major theme of this year’s Carmel Valley eDiscovery Retreat focused on the tensions between the Sedona Cooperation Proclamation on the one hand and the work product doctrine on the other. In the new age of discovery, with few documents or communications in hard copy any longer, is opposing counsel now entitled to information about the data you have collected or prepared in anticipation of litigation and where it resides – even if much of that data turns out not to be responsive? And does this include information about data that has been identified but not actually collected? The conference debate was spirited and tended toward the extremes. Some hadcontinue…

Using early case assessment (ECA) to prepare for the 26(f) “meet and confer” helps practitioners address the issues and challenges around preserving discoverable data and aids development of a “discovery plan” which establishes the foundation for effective discovery. The more you know early on about the location and volume of your electronically stored information (ESI) and the client’s preferences regarding document review, the better prepared you will be to conduct a successful 26(f) conference and face the challenges that surround the collection of ESI.

“Meet and Confer” Pitfalls

The meet and confer continues to be a challenge for many attorneys. An unsuccessful meet and confer can damage an attorney’s credibilitycontinue…