Discovery Resources

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, Gartner recommended that continue…

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 own rules regarding continue…

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….