Explore

Imagining the Possibilities, Identification and Preservation Fundamentals Series Part 3

We’re going to break down the identification process into two parts: imagination and investigation. We don’t spend a lot of time talking about imagination in legal practice, but it’s pretty essential to effective identification. Each new discovery project can be fairly opaque at the outset, with only the essentials known. The first step, then, must be brainstorming to figure out what and who might be relevant.

Read More

Legal and Technological Scope, Identification and Preservation Fundamentals Series Part 2

The first thing you must know to undertake effective identification and preservation activities is the potential legal and technological scope of things for which you might need to be looking. For our purposes, that scope comes from the Federal Rules of Evidence and Civil Procedure and relevant case law, and it can be quite broad.

Read More

In the Beginning, Identification and Preservation Fundamentals Series Part 1

We turn our attention now to the first and most fundamental phases of an electronic discovery effort: identification and preservation. As we have seen in numerous contexts, ESI spoliation remains a frequent issue, hence the importance of these phases in an eDiscovery effort: almost every other type of failure can be fixed with adequate time and money, but once unique, relevant ESI is gone, it’s gone.

Read More

Quality Control Fundamentals, Review Fundamentals Series Part 6

The final and most important fundamental of review to understand is quality control. No matter what you’re reviewing, what you’re reviewing it for, who’s reviewing it, or how you’re reviewing it, you will need to take proactive steps to ensure the overall quality and consistency of that work. Perfection isn’t possible (and isn’t required), but reasonable efforts to meet your obligations of completeness, accuracy, and privilege protection are both.

Read More

More Workflow Design Considerations, Review Fundamentals Series Part 5

In the last Part, we reviewed important considerations for making decisions about document flow and tagging palettes for your document review effort. In this Part, we conclude our workflow design considerations discussion with a look at batch creation and at tracking, reporting, and documentation.

Read More

Workflow Design Considerations, Review Fundamentals Series Part 4

Designing an effective document review workflow is a project-specific exercise that requires consideration of a wide range of options and factors, including the features available in your chosen document review platform, the volumes and types of materials being reviewed, the number and nuance of things for which you are reviewing, the number and skill level of the chosen reviewers, and the available time for completion of the review.

Read More

Because You Need to Know: Monthly News Round-Up for August 2019

Our monthly legal eDiscovery news round-up features a Florida eDiscovery case law database, evolving attitudes towards eDiscovery education, and an update on TAR, as well as recent cases, publications, and new XDD educational content.

Read More

The Sedona Conference on BYOD – Mobile Devices Update, Part 5

Last year, to help practitioners navigate the vagaries, The Sedona Conference released a guidance document on BYOD issues: “The Sedona Conference Commentary on BYOD: Principles and Guidance for Developing Policies and Meeting Discovery Obligations.” This document attempts to clearly articulate the issues that need to be considered, including factors for assessing each issue, downstream discovery implications, and legal standards that may apply.

Read More

One More Case and Key Takeaways – Mobile Devices Update, Part 4

As we noted in “A Few Recent Cases,” the frequency with which cases have had to address mobile device issues has steadily increased over the past few years. From preservation obligations, to proportionality challenges, to privacy concerns, mobile devices have become a discovery battleground. In this Part, we conclude our chronological review of a sampling of those recent cases and see what additional guidance can be gleaned from them.

Read More

A Few More Recent Cases – Mobile Devices Update, Part 3

As we noted in the last Part, the frequency with which cases have had to address mobile device issues has steadily increased over the past few years. From preservation obligations, to proportionality challenges, to privacy concerns, mobile devices have become a discovery battleground. In this Part, we continue our chronological review of an assortment of those cases to see what additional guidance can be gleaned from them.

Read More

Because You Need to Know: Monthly News Round-Up for July 2019

Our monthly legal eDiscovery news round-up features a new XDD acquisition, new EU/UK data privacy developments, and new US data privacy developments, as well as recent cases and new XDD educational content.

Read More

A Few Recent Cases – Mobile Devices Update, Part 2

Over the past few years, the frequency with which cases have had to address mobile device issues has steadily increased. From preservation obligations, to proportionality challenges, to privacy concerns, mobile devices have become a discovery battleground. In this Part, and in Parts to come, we will review an assortment of these cases, in chronological order, to see what additional guidance can be gleaned from them.

Read More

Whether you prefer email, text or carrier pigeons, we’re always available.

Discovery starts with listening.

(877) 545-XACT / or / Subscribe for Updates