Notable Articles in E-Discovery 2/13/13

E-discovery: 4 tips on cost effectively responding to a litigation hold (William T. Eveland, Christopher S. Naveja, InsideCounsel.com)

"Litigation and discovery present a myriad of challenges for in-house counsel and these challenges typically are associated with high price tags. But by following these practical steps, you can lessen the financial burden imposed on your company while also avoiding monetary and other court imposed sanctions."

Q & A With the Men Who Made the EDRM Mold: Tom Gelbmann and George Socha (Allison Walton, e-discovery 2.0)

"George: I suspect that we are going to see a dramatic growth in efforts to redirect “traditional” e-discovery tools and techniques, pointing them toward the much larger set of issues encompassed by information governance.  While some providers will continue to absorb others, the growth in new providers will continue to outstrip and decrease coming from acquisitions, mergers, or collapses.  Costs will remain of great concern, but with luck their will be a greater emphasis on how to make better use of the ever-growing array of tools and techniques to accomplish what we really need to do more of in the e-discovery arena – support and enhance the ability to build and tell a persuasive story."

William A. Ruskin: Predictive Coding: Will E-Discovery Swallow The Judicial System? (William A. Ruskin, Litigation Resource Community)

"At its heart, the ESI debate revolves around the discussion of the concept of proportionality. By way of example, Da Silva Moore is an employment discrimination case with a universe of some three million records subject to review for document production purposes. Proportionality asks the question whether the costs involved in identifying potentially relevant documents are justified by what is at issue in the underlying litigation."

Georgetown Study Warns Law Firms That Major Change Is Afoot (Sara Randazzo, Law.com)

"Law firms that hope to succeed in the future need to embrace the shifting realities of the marketplace now, according to a new reportthat serves as the latest in a string of warnings that the legal sector will never return to its prerecession hey day."