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Decisions Up Stakes for Managing EDD

This article, from The Legal Intelligencer, looks at recent court decisions which now seem to demand a standard of near perfection from in-house and outside counsel in managing e-discovery. Indeed, courts are showing little patience for preservation, privilege review or production mistakes and are not hesitating to hold parties and their counsel responsible for such mistakes.  Read more….

 

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Keyword Searches: A Grim Prognosis

Keyword search is deemed “good enough” for identifying responsive electronically stored information; yet when privilege is on the line, lawyers insist on page-by-page review.  Continue reading

 



Judge Grimm’s decision in Victor Stanley case

Judge Grimm’s decision in the Victor Stanley case has a chilling effect on lawyers who craft their own key word searches, absent advice from experts who can provide quality assurance and quality control. Read Craig Ball’s article about it (registration required).



Rockin’ Out the E-Law: A few federal judges are becoming stars as they create new e-discovery rules

The July 2008 edition of the ABA Journal provides insight into the judicial view of e-discovery: “When electronic discovery disputes get heated in his courtroom, Magis­trate Judge David J. Waxse of the U.S. District Court in Kansas has a simple strategy: “If someone comes to me and says, ‘So and so is impossible to deal with continue…



Webcast - Sedona Update: Understanding Defensible Search & Retrieval Methods

Thursday, July 17 - 1:00 PM EST -  Mary Mack, Jason R. Baron, and James Daley discuss the latest from The Sedona Conference® Working Group on Electronic Document Retention and Production, including the eight practice points from the Search and Retrieval Sciences Special Project Team.  Click here for more information and to register.



Poor Search Methodology Can Waive Privilege

Slowly but surely, U.S. Magistrate Judge Paul Grimm is writing a treatise on electronic discovery. H. Christopher Boehning and and Daniel J. Toal discuss Judge Grimm’s recent rulings around privilege and his comments on search methodologies in the New York Law Journal.



The Sedona Conference Commentary on Non-Party Production & Rule 45 Subpoenas

This paper describes the changes to the Federal Rules of Civil Procedure Rule 45 (third-party subpoenas) and outlines best practices. Read more….



Kabhi Kabhi Mere Dil May…

Kabhi Kabhi Mere Dil May - literally  translated means “sometime, sometimes…in my heart… is one of the most revered Hindi movie classics out there.  The next few lines say…”i have a thought…you have been made just for me…..until now you have been residing in the stars and were called down to earth just for me…” continue…



Time to Catch the ‘Science of Search’

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.



Webcast: Are You Ready for e-Discovery Resulting From Subprime Litigation?

April 22, 2008 - 1:00 PM EST — Hosted by DiscoveryResources.org sponsor Fios, Are You Ready for e-Discovery Resulting From Subprime Litigation? addresses the e-discovery risks faced by the financial industry as litigation and investigation around subprime transactions unfold.  Click here for registration information.





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