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Boring blog articles grown tiresome?

With the multitude of blog articles available on the market for consumption, choosing which ones to read can be challenging, let alone trying to stay awake while reading them.  As part of our ongoing educational content series, XDD provides a wide variety of engaging articles that provide legal professionals with a constant stream of valuable information to help improve their careers, teams and organizations. Coffee not included.

Interested in contributing to our article series or have an idea?  Let us know your thoughts and how you can help improve our customers EQ (eDiscovery Quotient) via our quick and easy contact form.

Cases from Early 2016 – Proportionality Series, Part 3

In this case law survey, we will briefly review a variety of cases from across 2016 that have touched on proportionality in discovery since the December 2015 Amendments.  We will review them in chronological order, beginning with these four from the first half of 2016: In re Takata Airbag Prods. Liab. Litig., MDL No. 2599 (S.D. Fla. Mar. 1, 2016); Noble Roman’s, Inc. v. Hattenhauer Distrib. Co., 314 F.R.D. 304 (S.D. Ind. Mar. 24, 2016); Hahn v. Hunt, Case No. 15-2867 (E.D. La. Apr. 20, 2016); and Mitchell v. Reliable Sec., LLC, Case No. 1:15-cv-03814-AJB (N.D. Ga. May 24, 2016).

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Because You Need to Know: Monthly News Round-Up for November 2017

A monthly round-up of industry news stories, useful publications, and notable cases of which you should be aware from the preceding month Welcome to “Because You Need to Know,” XDD’s monthly news round-up.  In these posts, we gather together interesting articles, new publications, noteworthy cases, and XDD materials from the preceding month.  This post gathers…

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Management Metrics for eDiscovery – Program Management Series, Part 6

There are advantages to moving beyond intra-project metric monitoring to inter-project metric monitoring.  When the relevant project details are captured across multiple projects in a standardized, normalized way, they reveal additional insights invaluable for proactive program management within an organization. Which metrics will be most useful to your organization will depend, to some extent, on the types of matters and eDiscovery activities in which your organization is most often engaged, as well as on your balance of insourcing and outsourcing.  Here, we will review examples of key project metrics to consider tracking for the realization of cross-project, program management benefits.

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A Balm in Gilead – Proportionality Series, Part 2

In January 2016, just a few weeks after the amendments became effective, a court in California had the opportunity to apply the amended rule in Gilead Sciences, Inc. v. Merck & Co., Inc., No. 5:13-cv-04057-BLF (N.D. Cal. Jan. 13, 2016).  This was a patent infringement case in which Merck alleged that Gilead was infringing “two of its patents to a certain kind of nucleoside analog.”  Gilead claimed that “it was the one to conceive and reduce to practice the inventions.” Read to see how the description of the Magistrate Judge’s summation of the proportionality requirement and discussion of recent amendments reflect the intentions of the amendments to elevate and emphasize proportionality as central to determining discovery scope.

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Because You Need to Know: Monthly News Round-Up for October 2017

A monthly round-up of industry news stories, useful publications, and notable cases of which you should be aware from the preceding month Welcome to “Because You Need to Know,” XDD’s monthly news round-up.  In these posts, we gather together interesting articles, new publications, noteworthy cases, and XDD materials from the preceding month.  This post gathers…

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Evaluating Potential Service Providers – Program Management Series, Part 5

In this segment, we discuss the proactive evaluation of service providers for the establishment of ongoing relationships, whether as a preferred provider, a managed services provider, or a total process outsourcing provider. This is generally accomplished through a Request for Information (“RFI”) process in which a service buyer collects desired information from a group of potential service providers in an organized way to facilitate comparison.  Here we will review the core competencies it is most important to investigate when planning an RFI for eDiscovery service providers, along with some tips for an effective RFI process.

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Everything in Moderation, Including Discovery – Proportionality Series, Part 1

On December 1, 2015, the most significant amendments to the Federal Rules of Civil Procedure became effective since the 2006 amendments that made the era of electronically-stored information official.  Among the rules revised was Federal Rule of Civil Procedure (“FRCP”) 26(b)(1), which defines the scope of discovery.  The change brought the existing-but-overlooked concept of proportionality front and center in an attempt to combat the runaway cost and scale of discovery in the digital era. So, in the two years since this amendment became effective, has the role of proportionality in discovery actually changed?  How are courts applying the multi-factor proportionality test now enshrined in FRCP 26(b)(1)?  Have objections based on proportionality been successful?

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Evaluating the Available Solution Models – Program Management Series, Part 4

Before organizations begin proactive management of their overall eDiscovery programs, they typically make case-by-case decisions about service providers and resources, buying services à-la-carte and treating each matter as a one-off.  This approach offers great flexibility, but little predictability or consistency. Once organizations begin proactive management efforts, they must wrestle with the question of what functions to insource and which ones to outsource. Read further to learn the benefits and trade-offs of insourcing and (aggregated) outsourcing, and how to select the hybrid model that’s right for you.

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Evaluating Existing Service Needs and Resources – Program Management Series, Part 3

Engaging in effective, proactive management of an eDiscovery program requires a full understanding of how that program has been operating up to that point.  The complex, cross-departmental nature of eDiscovery projects can make the full cost and impact difficult to discern.  How are things currently done?  What is the true cost of doing them?  What internal and external resources are utilized?  Which activities must be undertaken most frequently?  How well do current resources fit current needs?  How are those needs changing over time? These are all questions that can be answered by undertaking a multi-prong investigation into your own program, including gathering input from key stakeholders, reviewing personnel and financial records, and studying eDiscovery and legal records. 

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Evaluating and Improving Organizational Readiness – Program Management Series, Part 2

Litigation readiness is a measure of how prepared an organization is to respond to the next litigation event that arises.  How quickly can the organization leap into action?  How long will it take to identify relevant sources and custodians?  How long to identify the resources needed to begin collections and review?  How many processes will have to be defined on the fly?  How many wheels reinvented?  How much unnecessary duplication of past work will take place? Continue reading to learn how to approach and answer these questions, and more.

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