Discovery Resources

Federal Magistrate Judge John Facciola is a remarkable fellow….But his most heretical act may be his observation in United States v. O’Keefe, No. 06-249 (D.D.C. Feb. 18, 2008), that keyword search of ESI is a topic “clearly beyond the ken of a layman.” Read more by Craig Ball on Law Technology News & Law.com.

There is a mindset among many that retaining old e-mails will put a company at risk. Many reason that e-mails handed over to an adversary during e-discovery, for example, will contain a “smoking gun” that could result in embarrassment or the loss of a legal judgment. Read more from Michael Osteman and Network World.

As the burdens of e-discovery continue to mount, the search for a technological solution has only intensified. The holy grail here is a search methodology that will enable litigants to identify potentially relevant electronic documents reliably and efficiently. Read more from H. Christopher Boehning and Daniel J. Toal on Law.com.

“The Increasing Importance of Metadata in Electronic Discovery,” by W. Lawrence Wescott II, provides a detailed look at the value of metadata and presents a strong argument to encourage counsel to preserve metadata as a regular practice.

The Legal and Economic Implications of Electronic Discovery; Options for Future Research

By: James N. Dertouzos, Nicholas M. Pace, Robert H. Anderson

From The Rand Corporation website:

Pretrial discovery — the exchange of relevant information between litigants — is central to the American civil legal process. As computer technologies continue to develop, concerns have arisen that, continue…

September 17-19, 2008 - Los Angeles, CA - Gartner’s Portals, Content & Collaboration Summit 2008 will explore new ways to access, search, structure, and manage information, and improve your organization’s productivity and efficiency through Collaboration. Topics include: Collaboration, E-Discovery, Enterprise Content Management, Social Software.  Click here for details.

The Metropolitan Corporate Counsel’s interview of Brad Harris, Director, Discovery Center of Excellence, Fios, Inc., entitled, “Managing e-Discovery And Avoiding Sanctions Under The FRCP Amendments.“

Fulbright Jaworski issues latest litigation trends survey

Fulbright & Jaworski has released its 4th Annual Litigation Trends Survey which reports on senior corporate counsel on their experiences and opinions regarding various aspects of litigation and related matters. This year’s survey focused on over 300 respondents from companies based in the United States and the United Kingdom. Among continue…

Risk management articles from Metropolitan Corporate Counsel Magazine

http://www.metrocorpcounsel.com/t/Risk-Management/

Computerworld surveys the IT response to the amendments to the Federal Rules of Civil Procedure (FRCP), which became effective today.

About 42% of the 170 IT managers and staffers surveyed said they did not know the status of their company’s preparation for the new rules, while 32% said their company was not at all prepared.

John continue…