Discovery Resources

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…

In keeping with tradition, here are my (Mary Mack’s) top 10 predictions for the e-discovery market in 2010:

1. There will be increased adoption of early case assessment. Early case assessment will include early evidence assessment focused on risk, budget and other factors.
2. The majority of service providers will embrace the ACC Value Challenge from the unit price perspective and cause issues on the service side (otherwise known as the race to the bottom).
3. Certification will start to be a prerequisite for an entry-level job in e-discovery services.
4. Data reduction validation affidavits will move toward the mainstream.
5. Cloud computing will be embraced without concern for jurisdiction and nexus issues, leading to surprises in taxation, intellectual property, privacy, continue…

In December 2008, I was asked to develop a list of predictions regarding the e-discovery market in 2009. I was spot-on for 14 of 20 predictions, even including the silly ones. That is a 70% hit rate. Not bad….considering the year is not over.

Following were my predictions and what actually happened this past year:

1. White collar defendants will be sunk by criminal e-discovery evidence rules created by case law involving drug dealers and child pornographers. Although the first high-profile trial resulted in acquittal (Bear Sterns), the FBI conducted dawn raids and sweeps related to subprime lending, insider trading and other fraud. +1
2. The financial crisis will increase the volume of e-discovery in continue…

The tipping point for the ACC Value Challenge has passed. The majority of attendees at the Boston ACC meeting were buzzing about the Value Index (where clients rate law firms), cost control and predictability.

There was a rumbling anger beneath the usually calm demeanors of the employed counsel. This article will discuss the Value Challenge and Index as defined by ACC members. It will also give you a flavor of the divide between law firms and clients, with suggestions for what that divide means for those of us who are stewarding the electronic discovery process.

The ACC Value Challenge

Last year, the ACC released the ACC Value Challenge:

According to a recent issue 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…