Discovery Resources

by Sheryl Karstensen, Professional Services Group

The universe for litigation professionals is in a constant state of change.  We have all experienced the shift over the past few years from paper documents to electronic content in various forms, with Microsoft Office arguably the most widely used application for generating electronically stored information.  MS Office applications are notorious for creating copious amounts of metadata by default, which raises major concerns for litigation support professionals as well as litigators.  As a result, this led to a wave of data conversion to TIFF for all electronically stored information in support of litigation.

With the economic crisis causing widespread budget cuts in the legal industry, many continue…

On June 29, 2009, Governor Arnold Schwarzenegger signed California’s Electronic Discovery Act into law.  Because the Act contains an urgency provision, it is effective as of June 29, 2009.

Here’s the Electronic Discovery Act in its entirety.

…. Tip of the hat to Michael J. Eng at the Electronic Discovery Navigator

Steamy messages from the South Carolina governor to his lover in Argentina didn’t stay private. Take a lesson, experts say: Employers often monitor e-mail, and text messages can be trouble too. Continue

by Nancy Patton, J.D.; Consultant; Fios, Inc.

Recent economic circumstances have forced many companies to make difficult decisions about personnel levels – reductions in force are part of almost every organization’s reality these days.  In law firms alone, it is estimated there have been upwards of 10,000 lay-offs nationwide this year.  It’s neither feasible nor practical to preserve the data of every departing employee in the event it might be needed for litigation or regulatory purposes.  However, if your IT department is not clued into what to do about departing employees and their data, then nothing will be preserved … an even less desirable outcome.  If you haven’t already, you may continue…

By Aaron Pippin, PMP; Sr. Project Manager, Fios, Inc.

In a large, quick, or complex project many hands are involved.  Quite often groups develop into silos and information to other groups working on a separate part of the e-discovery review is lost.  Obviously it is important that the service provider communicate with the client.  However it is equally important that the client communicates internally. It is estimated that 80% of a project is communication. A trained and seasoned project manager will know they need to develop a communication plan which details who is involved in the communication( Point of Contacts/decision makers), type of communication, and how often. 

Make sure the POCs are continue…

by Matthew Lane, PMP, Ph.D.; Director of Client Services, Fios, Inc.

Communication. (kə-ˌmyü-nə-ˈkā-shən) (noun): a process by which information is exchanged between individuals through a common system of symbols, signs, or behavior. A technique for expressing ideas effectively (as in speech).

In January 1986, the space shuttle Challenger disaster occurred when o-rings failed during launch in unusually cold weather.  In reading about this national tragedy it was clear that communication had been a myriad of straightforward warnings, twisted interpretation, pressured statements and non-communication.  For most project managers the consequences of communication failure will not be so dire.  But, it does illustrate how vital communication is to project success.  It has been stated continue…

by Matthew Lane, PMP, Ph.D.; Director of Client Services, Fios, Inc.

Project heroism is often celebrated. “Important Project X goes awry and the team spends crazy hours at tremendous personal and firm expense to somehow hit the mark.” Sound familiar? Though the efforts of the individuals involved should be noted, continued praise of these projects reinforces undesired outcomes. When I hear of project heroics, I wonder what went wrong. What wasn’t planned for sufficiently? Where did communications break down? What project issues were allowed to grow into big problems? Entrenched heroic behavior has large, negative human and financial impact and is symptomatic of inadequate processes and immature project management.

Instead, begin to continue…

To regain a class’s focus on a certain subject that they may not have been studying hard enough otherwise, teachers will often use a Pop Quiz.  Ronald Hedges, former United States Magistrate Judge in the District of New Jersey, is a believer in the pop quiz as well.  In the most recent New Jersey Law Journal, Hedges writes:

“Time for a pop quiz. Can you name the most important of the so-called “e-discovery” amendments to the Federal Rules of Civil Procedure adopted in 2006? Candidates include, among others, Rule 26(b)(2)(B), which introduced the concept of “not reasonably accessible” electronically stored information; Rule 26(b)(5)(B), which established a uniform procedure among the United continue…

Charles Schumer will be introducing a “Shareholders Bill of Rights” that will, among other more widely known initiatives, require that corporate Boards of Directors must have a Risk Management Committee as they now have an Audit Committee.

Buried in the bill requiring “Say on pay” for executives and other shareholder rights is a provision that will elevate the role of the risk management professionals I am meeting at the Gartner Summit on Risk Management and Compliance this week.

Gartner may need to put “Governance” back as a headliner in their GRC practice.

Impact for Ediscovery:  More pressure to quantify and make costs predictable as they will be more visible at the Board level, less tolerance continue…

6/2 - Case law around electronic discovery is changing rapidly due to evolving federal rules and court rulings. This quarterly update from Fios will explore the implications of recent court decisions and the tactics and strategies organizations should consider to ensure compliance in a changing legal landscape. Details here.