Electronic Discovery Navigator

Stay E-Discovery Pending Motions to Dismiss

Stay E-Discovery Pending Motions to Dismiss

"The proliferation of e-discovery in civil litigation has radically altered the cost/benefit calculus of initiating and defending actions, particularly for large organizations with terabytes[FOOTNOTE 1] of potentially relevant electronically stored information. The staggering price tag for harvesting, reviewing and producing vast amounts of electronic data has immeasurably increased the in terrorem effect of meritless litigation.

This article proposes a simple measure to rebalance the risks and rewards for parties involved in civil litigation, while preventing the potential abuse of e-discovery to extract nuisance settlements from defendants. Specifically, this article argues that all e-discovery should be stayed during the pendency of any motion to dismiss unless the plaintiff agrees to reimburse the defendant for all e-discovery costs in the event that the defendant's motion to dismiss is granted."

Enterprise Search: Rely On Strategy, Not Keywords

Enterprise Search: Rely On Strategy, Not Keywords

"Enterprise search is all about the ability to find an organization’s electronic information wherever, or however, it may be stored. Much as an Internet search tool is designed to search the World Wide Web for relevant websites, enterprise search is intended to give a company’s employees the ability to recall key information from internal documents, emails, databases, and more. Sounds simple, right?  Unfortunately, enterprise search is anything but simple.

“Many organizations have attempted to provide enterprise search by relying on a federated search infrastructure,” says Alex Marshall, VP of technology for Autonomy Corporation. A federated search system is intended to enable users to search varied and numerous databases with one query. It is also intended to display the results of the search neatly packaged in order of relevance. While users dream of such a simple search engine in the enterprise, federated search has yet to prove itself as a comprehensive, easy-to-use solution."