Notable Articles in E-Discovery 2/6/13

Keywords, Done Right, Do Well (Karen Baumer, E-Discovery Talk)

"Of course keywords aren’t dead! I often refer to the search for evidence in electronic documents as a linguistic treasure hunt. It would be absurd to argue that our knowledge and intuitions about how other humans talk about things weren’t useful tools in that hunt. But if you want keywords to work well, you have to get them—and the process around them—right."

The New Axiom of Computer-Assisted Review (Jay Lieb, KMworld)

"With growing data volumes and increasingly tech-savvy attorneys and clients, computer-assisted review has a strong future in the e-discovery world.  It's key for professionals to understand the technology and execute the workflow in a way that ensures validation.  Close, comprehensive attention to the experts, engine, and validation of every case helps instill confidence in the results of a computer-assisted review -- and makes the problem of big data a little easier to handle."

Top 10 E-Discovery Developments and Trends in 2012 (Jay Yurkiw, Technology Law Source)

A succinct list and summary of the top 10 significant e-Discovery events and trends that occurred in 2012.  Top of the list, no surprise, mentions Technology Assisted Review (TAR, predictive coding, Computer Assisted Review).

Determining Document Control in Third-Party Legal Holds Is Complex (Christopher Boehning and Daniel J. Toal, Law Technology News)

"In anticipating litigation, one of the first items on a prudent litigator's checklist is ascertaining what documents must be preserved and putting a preservation plan in place. A duty to preserve arises when a party "knows or reasonably should know" that litigation is foreseeable.1 Once the duty to preserve arises, a party must put a litigation hold in place to ensure that relevant documents are preserved.2 Notably, "[t]he preservation obligation runs first to counsel, who has a duty to advise his client of the type of information potentially relevant to the lawsuit and of the necessity of preventing its destruction."3 Consequences for failing to observe the duty to preserve can be serious, including spoliation and monetary sanctions.4"