Discovery Resources

As part of our their new series “’Data! Data! Data!’ — Cures for a General Counsel’s ESI Nightmares,” The Posse List interviewed Mary Mack and Dennis Kiker. They discuss collaboration and documentation for defensibility among inside and outside counsel, between IT and legal, among joint defense groups and during productions… how to get control of the discovery process. Here’s the interview on the Posse List site: An interview with Mary Mack and Dennis Kiker of Fios: collaborative e-discovery technology and services, and putting it all in perspective.

In 2000, after the Y2K scare passed and computers did not crash – although telecom and IT did – Fios started to define electronic evidence with the small group of lawyers, technologists and government people (yes, Ken Withers, that is you). There were four major companies in the electronic evidence space, including Fios.

Technology

Dial-up was still the norm for Internet connections, with T1 lines for corporations. Not everybody had BlackBerrys. Forensics was still done in DOS, mostly by ex-law enforcement. All but a few attorneys ignored electronic evidence and agreed not to produce it, or produced it by printing it out and hand-stamping a BATES number on it. Most electronic discovery was continue…

Records managers will be taking a new look at “Create dates” after the Arizona Supreme Court mandated production of metadata in public records.

The case involved a demoted police officer who wanted access to the metadata to prove notes were backdated.  Up until now, most cases have held that there must be a showing that metadata is necessary before ordering its production.  While this case may be applied narrowly for Arizona public records, it may impact other governmental entities and courts.

“It would be illogical, and contrary to the policy of openness underlying the public records law, to conclude that public entities can withhold information embedded in an electronic document, such as continue…

It’s everywhere, according to this recent article in the Austin 10 written by Tony R. Bertolino, managing partner at Bertolino LLP: Electronic discovery is now playing a critical role in more than 75% of divorce cases.

“….What Sarah Brown found on her husband’s computer hard drive was enough to make her call a divorce lawyer the next morning, and begin an emotional trial that tested the boundaries of the always-evolving legal world of electronic discovery.”  Continue reading….

This article from the New York Lawyer tackles one of the primary questions facing Legal Departments today: How to cut costs in the most effective ways to improve their bottom line. “Cost-control methods in law departments are more than just talk as cost pressures are creating a fundamental shift in the management and operation of the departments and their interaction with outside counsel, results of a recent Hildebrandt International survey suggest.

Results of the Law Department Survey are a further indication that more work is being brought in-house, alternative fee arrangements are in high demand and spending is shrinking. The rate of increase for inside and outside legal spend and compensation continue…