Discovery Resources

When a group of lawyers were asked what they thought about e-discovery certification, the responses ranged from “Hey, the judge doesn’t require it” to “It shows real commitment to the profession and gives confidence to clients.” Presently there is no consensus in the legal profession about whether there should be certification in e-discovery, what competence actually looks like and who should provide the credentialing.

Professional certification is a process intended to demonstrate an individual possesses enough knowledge, experience and skills to perform a specific job. Certifications, especially technical and product-related programs, are widely – if not universally – accepted. Strictly legal certifications are also popular, but there is some controversycontinue…

So what is all the fuss about Stengart v. Loving Care Agency, Inc. et al.?  Why are eDiscovelebrities and employment lawyers alike watching the case so closely?  Why should YOU be watching? Privacy! (And eDiscovery, Of Course). Read the full article by Fernando M. Pinguelo published on e-Lessons Learned.

By the end of 2012, organisations that fully document their search processes in e-discovery will save 25% on their collection processes, according to Gartner.

“Addressing the ongoing challenge of the IT perspective of litigation management demands both that the technologies be acquired and that procedures for using them be established,” said Whit Andrews, vice president and distinguished analyst. “Companies need to own the products that will be necessary for them to address litigation and understand that those products will not have the same positive impact unless they are supported by repeatable, effective, systemic processes for lawyers and IT to follow.”

In terms of storage requirements to support regulatory compliance, Gartnercontinue…

Today we are looking at an estimated 210 billion messages sent every day worldwide. Yet experts say most companies fail to deal with the mounting amount of electronic data.  This article in the most recent issue of Workforce Management discusses the role of the HR department in managing this mess.

by Christina Cidade, Technical Sales Manager, Fios, Inc.

I have been hearing some interesting discussions recently regarding instant messaging (“IM”) and whether or not a corporation has an obligation to preserve these types of communications.  So what are all the cool companies doing?

Once a corporation establishes that IM is appropriate and permissible for business purposes, they must determine whether (and/or how) they want control over IM.  There are two different types of IM platforms — well, three if you count the financial industry, which is so cool it has its own toys made specifically for it – e.g., Bloomberg Messaging, Reuters Messaging and IMtrader.   It even has its

Kim Newman is a partner in O’Melveny’s Washington, DC office and a member of the Business Trial and Litigation and Electronic Discovery and Document Retention Practices recently wrote about sanctions that were imposed on outside counsel for Plaintiff Bray & Gillespie Management LLC for a “pattern of withholding and concealing information concerning discoverable material” from both the Court and opposing counsel.

The problems began with a failure to Object to the Request for ESI in Native Format and then failure to produce it. Continue reading….

by Dennis Kiker, Esq., Director, Fios Consulting, Fios, Inc.

On September 8, 2008, the U.S. House of Representatives passed Senate Bill 2450 without amendments, which adds Rule 502 to the Federal Rules of Evidence. The bill was approved by the Senate way back in February (who says Congress doesn’t act quickly?), and President Bush has officially signed Rule 502.

So what? Well, this is actually pretty good news for corporate litigants, assuming that they understand the rule and are properly prepared. Unlike the changes to Rule 26(b) implemented as part of the e-discovery amendments to the Federal Rules of Civil Procedure, the addition of Rule 502 is acontinue…

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.