Businesses Should Assess their Technology Solutions Mindful of the Potential for Litigation and Corresponding Discovery Obligations
ESI is now a common part and cost of business. Businesses are best situated to weigh for themselves the costs and benefits of various technology solutions in light of their needs.
Because the case law interpreting what falls within the statute’s ambit of “making copies” is still developing, practitioners should be explicit in their joint discovery plan and state precisely which of their e-discovery costs are recoverable if they prevail in the suit.
Every modern system provides tools to import and export data in various formats. While they may not all provide the same level of capability, once you can get the data you want out of a system, you can transform it into the format you need.
Rule 26 says to the lawyers that they have to meet and confer before the discovery process comes to the judge. Now, the Rule 16 changes are going to encourage face-to-face, person to person conferences.
“The text of the current FRCP rules and text of the proposed amendments are publicly available on a number of government and education sites. Our goal is to give our members a more robust form of access to the changed rules.”
Financial losses, legal damages and contractual violations due to PHI data breaches [can have] a huge impact to the organisations which undergo these breaches.
Revisiting the Blair and Maron Study: Evaluation of Retrieval Effectiveness for a Full-Text Document-Retrieval System
I wonder what Blair and Maron would think about the size of large cases today or the evolution of keyword search backed by modern predictive analytics. I don’t think they would be arguing for the efficacy of human coding and summarization anymore.
The fast-shifting social media landscape is creating new challenges for lawyers, particularly when it comes to data collection and preservation in the U.S. legal system.
Benchmark Surveys: GCs, Executives Not Prepared to Defend Against Cyberbreaches – Key Protective Steps
Although cybersecurity has become a more prominent issue for executives and boards of directors, three recent benchmark surveys − the BDO Board Survey, the 2015 Consero Group’s General Counsel Data Survey, and the 2015 US State of Cybercrime Survey − indicate that a number of cyber-preparedness gaps remain.
Information security is no longer considered simply a technology function, but instead an integral part of enterprise-wide risk management.
Be prepared, litigators, amendments to the Federal Rules of Civil Procedure are coming on December 1, 2015. These changes represent the Advisory Committee’s attempt to fulfill Rule 1’s goal of “just, speedy, and inexpensive” resolution of cases.
By some estimates, eDiscovery costs U.S. organizations around $41 billion annually. Not only is this expensive, but it can also be a time-intensive exercise.
The CTRL survey report is significant since it clarifies that use of advanced analytics is an integral aspect of in-house legal departments. Irrespective of the number of reported cases involving predictive coding, the report confirms that the use of analytical tools is here to stay.
The new FRCP revisions’ overarching objectives are to limit both costs and discovery scope.
Corporate litigation counsel must take the lead on protecting their companies from getting caught between US discovery and violation of non-US privacy and blocking statutes.
TAR developed and took hold gradually at first, as understanding grew that it offered a viable solution for spiraling litigation costs driven by rapidly escalating quantities of data in litigation.
Twitter LinkedIn Facebook Google+ Email By Jason Krause The problem most eDiscovery professionals face is often too much evidence. There can be so many files, metadata, and electronic detritus that is discoverable on phones, laptops, and devices that there can be too much evidence for almost any type of investigation. But what if suspects and […]
The #GeorgetownAEDI Live News Feed provides legal and information technology professionals with quick reference to Georgetown Advanced eDiscovery Institute specific news via short headlines, link addresses, and presented by Twitter under the hashtag #GeorgetownAEDI and the Twitter handle @GeorgetownCLE.
Whether personally identifiable information, health information, financial data, contract information, research and trade secrets, or intellectual property — data has become a new kind of currency.
It is a safe practice to always request embedded and substantive metadata. Knowing who is the author of ESI, who accessed files, when they were printed, should be done as standard operating procedure.
Safe Harbour 2.0, currently being drawn up by the EU and US authorities, “will not provide a viable framework for future transfers of personal information” across the Atlantic according to a group of human rights and privacy organisations.
This week’s newsletter highlights five key posts on information governance and electronic discovery that are presented to inform and update legal and information technology professionals.
As one has come to expect from Craig, he had done his research on the English rules relating to eDisclosure and, in this video, he offers some thoughts on the differences between US discovery and UK disclosure.
2015 Amendments to the Federal Rules of Civil Procedure Provide Opportunities for More Aggressive Case Management
The Rule changes should cause trial counsel to focus on three main issues: cooperation, proportionality and early case assessment and management.