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

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

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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Taking the eDiscovery Bull by the Horns – Program Management Series, Part 1

Taking the eDiscovery Bull by the Horns – Program Management Series, Part 1

Program management should be an active concern for those attorneys and other legal department personnel responsible for eDiscovery activities within an organization.  Effective program management can do even more than effective project management to reduce costs and risks and to increase predictability, consistency, and defensibility. Along with cost, defensibility is a primary concern about eDiscovery activities, and as with cost, defensibility can be improved with effective program management. Read on to learn how.

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Mobile Devices Wrap-Up – Mobile Device Discovery Series, Part 6

Mobile Devices Wrap-Up – Mobile Device Discovery Series, Part 6

When considered together, the twelve cases we reviewed suggest a few key points to remember regarding mobile devices in eDiscovery: the fact that mobile devices are a novel or challenging source is no excuse to skip them; there will be potentially serious consequences for inadvertent losses from mobile devices, and there will be very serious consequences for intentional spoliation of mobile device data; and, it may be possible to establish the prior existence of lost text messages using phone records from the relevant wireless carrier. Read on to review the three other main key points from the case law as well as the key takeaways from our review of mobile devices in eDiscovery.

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Even More Mobile Devices Cases – Mobile Device Discovery Series, Part 5

Even More Mobile Devices Cases – Mobile Device Discovery Series, Part 5

In this case law survey, we are briefly reviewing a dozen cases from across the past five years that have touched on mobile device discovery issues.  We are reviewing them in chronological order: Stinson v. City of New York, No. 10 Civ. 4228 (S.D.N.Y. Jan. 2, 2016), NuVasive, Inc. v. Madsen Med. Inc., No. 13cv2077 BTM(RBB) (S.D. Cal. Jan. 26, 2016), First Financial Security., Inc. v. Lee, No. 14-1843 (D. Minn. Mar. 8, 2016), Living Color Enterprises, Inc. v. New Era Aquaculture, Ltd., No. 14-cv-62216-MARRA/MATHEWMAN (S.D. Fla. Mar. 22, 2016), Brown Jordan Int’l, Inc. v. Carmicle, Nos. 0:14-CV-60629, 0:14-CV-61415 (S.D. Fla. Mar. 2, 2016), and Ronnie Van Zant, Inc. v. Pyle, No. 17 Civ. 3360 (RWS) (S.D.N.Y. Aug. 28, 2017).

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The Final Version of the Sedona Principles, Third Edition, Is Now Available

The Final Version of the Sedona Principles, Third Edition, Is Now Available

After a multi-year drafting and revision process, the Sedona Conference has now released the final version of the Third Edition of its influential Sedona Principles for eDiscovery Last week, the Sedona Conference released the long-awaited final version of The Sedona Principles, Third Edition: Best Practices, Recommendations & Principles for Addressing Electronic Document Production. Reflecting years…

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A New Mobile Devices Case Every Few Months – Mobile Device Discovery Series, Part 4

A New Mobile Devices Case Every Few Months – Mobile Device Discovery Series, Part 4

In this case law survey, we will briefly review a dozen cases from across the past five years that have touched on mobile device discovery issues.  We will review them in chronological order: E.E.O.C. v. Original Honeybaked Ham Co. of Georgia, Inc., Garcia v. City of Laredo, Pradaxa Products Liability Litigation, Hosch v. BAE Systems Information Solutions, Inc., Small v. Univ. Med. Center of S. Nevada, and Rajaee v. Design Tech Homes.

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

Because You Need to Know: Monthly News Round-Up for September 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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A New Collection Puzzle in Every Pocket – Mobile Device Discovery Series, Part 3

A New Collection Puzzle in Every Pocket – Mobile Device Discovery Series, Part 3

Because of the huge diversity in smartphone and tablet hardware and software, collecting from these sources poses special challenges and requires special tools.  These tools are collection kits akin to those used for forensic acquisitions from traditional computer sources, but they feature connection options for all of the common mobile standards and more specialized software for interfacing with the wide range of potential data formats, file systems, etc. When executing mobile device acquisitions, there are a range of options similar to those available when conducting traditional computer drive acquisitions.  Read on to learn more about the three types of acquisitions and the additional challenges presented by mobile device data after its acquisition.

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ECA Options and Planning Considerations – Data Targeting Series, Part 3

ECA Options and Planning Considerations – Data Targeting Series, Part 3

The last segment discusses data targeting options during early case assessment and considerations for overall strategy. During early case assessment (ECA), in almost any modern document review platform, case teams have a powerful set of tools at their disposal for data targeting prior to review. Your goal should be to understand the specifics of the options available in your source systems and your discovery tools so that you can assess which ones will be most useful to you in each specific project and how aggressive you should be in your overall targeting efforts. Read on to learn more about data targeting tools that can be used prior to review.

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