"In the court case Omega Patents v. Fortin Auto Radio, both the plaintiff and the judge were unhappy with the defendant’s volume of e-discovery production, which included a few documents and just five emails in a universe of tens of thousands. The defendant subsequently searched for and reviewed more than 17,000 emails, of which 2,000 were produced for plaintiff review. The court was not pleased at the long delay and ruled that the defendant had not proved the undue burden and expense of the subsequent search. The court issued a monetary sanction against the defendant.
Manually sifting through large raw sources of data seriously delays discovery and risks poor results. Too many organizations still depend on a paper-based process where reviewers print, mark up, and pass around documents during the course of review. But given the huge growth in data volumes to be reviewed -- with less and less time to do it -- companies need e-discovery tools to initially analyze, de-duplicate, and present search results to human reviewers as a relational and prioritized list."
"Kroll Ontrack(R), the industry's leading provider of paper and electronic discovery, computer forensics and electronically stored information (ESI) consulting, jury consulting, and courtroom presentation services, today announced its analysis of the reported electronic discovery opinions and top five most significant discovery cases in 2008. Among the dominant topics reoccurring in the 2008 judicial opinions were the importance of creating and enforcing sound document retention policies, the use of proper search terms for production, and the consequences when parties fail to properly comply with discovery requests."
"Editor: Some have likened the impact of the financial crisis to the mushroom cloud of a nuclear bomb, with the financial services industry at the point of impact. Has that radioactive cloud of litigation spread to other industries?
Mack: We are now seeing an impact on businesses outside the financial sector. A company in any business with, say, 5,000 employees has multiple exposures to the financial crisis - with many of them presenting litigation possibilities. Companies of this size may invest their surplus cash in commercial paper and any reserves in longer-term debt instruments or in stocks. They may borrow from financial institutions to meet their long- and short-term needs. Their pension plan may also make investments, possibly in toxic securities like collateralized loan obligations (CLOs) or collateralized debt obligations (CDOs) or in the stocks or bonds of companies in the financial services industry. Those companies may bring litigation to recoup some of their losses, which might take the form of class or individual actions. And, they might be sued by their stockholders or pensioners for making unwise investments."
"One-third (30 percent) of attorneys and executives polled by Deloitte said their companies have no formal policies and procedures in place regarding legal holds, the process by which companies preserve evidence subject to discovery for lawsuits and other legal and regulatory matters. "While the discovery process has become increasingly complex and therefore poses a significant challenge for corporate America, having no legal hold policy is a significant risk factor for companies," said Jeff Seymour, a principal in the Analytic & Forensic Technology practice of Deloitte Financial Advisory Services LLP. "Given the relatively low cost of establishing a policy framework and processes to address legal hold issues, it is surprising to see such a large percentage of corporate America lacking in this area."
According to attorneys and executives surveyed, responding to discovery requests has become significantly more complex (33 percent) and more costly (30 percent) during the past year. Less than one-third of respondents reported that their companies are very (20 percent) or extremely (7 percent) effective in managing the readiness aspect of the discovery process, which includes procedures and protocols to manage electronically stored information and hard copy documents in anticipation of discovery requests."
"Electronic Evidence Discovery, Inc. (EED), a leading international provider of eDiscovery services, today announced the upcoming availability of eDiscovery Process Manager 2.0 (eDPM 2.0). When combined with the technology and expertise of IBM's industry-leading enterprise content management (ECM) platform, eDPM 2.0 enables corporate legal organizations to effectively and efficiently manage the evidence discovery lifecycle. This new release from EED is the first custodian notification application to support the IBM P8 4.0 platform.
The strategic alignment of eDiscovery software on existing ECM investments enables corporate legal departments to effectively preserve electronic content for compliance, investigation and potential litigation needs while avoiding additional expenses. Significant savings in time and reduction of risk are the key benefits of automating the custodian notification process with EED's expanded support for IBM's ECM platform."