Electronic Discovery Navigator

The frustrations of e-discovery

The frustrations of e-discovery

"As escalating volumes and types of information drive swelling e-discovery costs, many firms are exploring how information retrieval technology can support critical steps in the e-discovery process. Manually reviewing documents represents the largest direct cost associated with e-discovery. To control this expense and mitigate legal risk, businesses are re-examining strategies, processes and technology investments.

Currently, few companies report having a holistic approach to e-discovery. Forrester’s research suggests just 23 per cent have an end-to-end approach to gather and filter data. And two-thirds consider their e-discovery strategy reactive rather than proactive.

We asked if firms were confident that, if challenged, their organisation could demonstrate that its electronically stored information was accurate, accessible and trustworthy. Fewer than one in five was very confident."

Back to the Basics: E-Discovery

Back to the Basics: E-Discovery

"Answering discovery requests has always been a headache for attorneys; more recently, e-discovery has become a headache for attorneys and IT staff as well. I've written more than once this year that legal and IT should learn to speak the same language or at least to work in tandem on discovery issues.

Peter Vogel provided a nice overview of the basic issues in TechNewsWorld last week for those needing a quick refresher. Because electronically-stored information now plays some part in every lawsuit, and because "lawyers and judges don't understand IT," he says it's in IT's best interest to become familiar with the legal issues surrounding e-discovery.

Electronically-stored information comes into play most often in the area of discovery Vogel calls "requests for production of documents or things." Under the amendments to the Federal Rules of Civil Procedure adopted in 2006, lawyers need to be able to tell judges or hearing examiners where information that might be subject to discovery resides on the network, in what format, and how easily it can be accessed."

5 legal questions to ask before entering the cloud

5 legal questions to ask before entering the cloud

"As a lawyer, the thing that concerns me about the use of cloud-based computing services is that it often involves the transfer of electronic data from internal IT infrastructure to systems managed by third-party vendors. This change in custody, and potentially control, can create compliance issues. While not intended to be exhaustive, the following five questions are a good start to the analysis, from a legal perspective, that should occur during the planning of a cloud-based project."

The Trouble With Discovery of ESI Abroad

The Trouble With Discovery of ESI Abroad

"Globalization and the growing mountain of electronically stored information inevitably will lead to an increase in discovery requests for ESI located abroad. Companies are meeting the challenge of globalization by creating networks of electronic data that allow employees around the world to connect to the same set of data no matter where it is located.

But no consistent methodology exists for U.S. courts to evaluate whether discovery of ESI abroad is appropriate, and if so, the consequences for not complying with a discovery order.

Although international discovery is not a new problem, global companies, the growth of international data infrastructures and the explosion of ESI will bring the issues of e-discovery to the forefront of international litigation. Courts will be faced with comity considerations and issues related to the burden and cost of e-discovery, as well as complex international data protection laws."

Kroll Ontrack Survey Validates Emerging Trends in Discovery Management

Kroll Ontrack Survey Validates Emerging Trends in Discovery Management

"Nearly 72 percent of legal professionals surveyed believe that discovery in the context of large-scale or complex litigation is being managed differently compared to a year ago. Furthermore, respondents believe that a differing approach to discovery management is being driven by the increased use of technology (78 percent) and a growing emphasis on cost management (68 percent) during the litigation lifecycle. These are key findings from a recently conducted survey by Kroll Ontrack, the industry’s largest provider of paper and electronic discovery, computer forensics and electronically stored information (ESI) consulting, jury consulting, and courtroom presentation services."

The Cost of Information Misgovernance, and What You Can Do about IT

The Cost of Information Misgovernance, and What You Can Do about IT

"The problem is that the concerned parties rarely speak the same technical language. Modern enterprise information management systems are helping to address the problem but there are still a few secrets to success. Here are some things to keep in mind during your initiatives.

The terms “corporate governance” and “information governance” no doubt sound similar. Many people focus only on the “governance” aspect of both, and assume that they are different names for the same discipline.

But for too long those who specialize in both fields have paid too little attention to each other — a disinterest that courts and regulators are now forcing to an end. Corporate governance — the role of boards and top management in overseeing, administering and monitoring a company, is very much of a “top-down” field. Information governance, which oversees the performance and risk management of information technology (IT) systems, would seem to be a very “bottom-up,” tactical item at the bottom of a board’s agenda. Yet IT and data management have been pushing their way up on that boardroom agenda for some time."

California Governor Approved Electronic Discovery Act

On June 29, 2009, Governor Arnold Schwarzenegger signed California's Electronic Discovery Act into law.  Because the Act contains an urgency provision, it is effective as of June 29, 2009.

Here's the Electronic Discovery Act in its entirety.

Free eDiscovery eBook on Meet & Confer Process

Here's a great eDiscovery eBook on the meet and confer process from Orange Legal Technologies, a leading electronic discovery provider.  It also serves as an introduction to eDiscovery.  And it's free!