Notable Articles in E-Discovery - Fall 2012

E-discovery: 4 scenarios that call for computer forensics (Inside Counsel)

Not every case needs forensic collection and analysis.  This article points out 4 scenarios where you should consider doing a forensic (rather than targeted) collection and possible analysis.

Are social media e-discovery's next nightmare? (ComputerWorld)

"The arrival of social media is in many ways a repeat of those challenges. As was true of email, social media comes with new metadata and formats. But because of the similarities, there is an opportunity to avoid the mistakes made with email. One thing is clear: Companies that dive into social media without the right policies and solutions to govern usage will encounter information governance and e-discovery nightmares down the road."

E-discovery evolved: Smart searching (Inside Counsel)

"Successful e-discovery exercises often leverage technology to complement human analysis and advocacy skills. By implementing a smart, multi-faceted approach, advances in technologies can effectively narrow the scope of review and find an appropriate number of relevant documents while limiting inadvertent disclosures. To establish the most effective process possible, counsel should work with their technology providers to identify best practices and strategies to bolster a smart searching protocol."

Mobile Device Discovery Stories from the Experts (eDiscovery Journal)

"The deeper I delve into the world of mobile device discovery, the more parallels I see between these devices and Cloud sources/services. Every week we speak with corporations and law firms whose ESI is increasingly fleeing the corporate IT castle to live in the Cloud and be accessed by a global, remote workforce. Discovery teams are struggling to catch up with simple email servers, network shares, IM chat and other in-house ESI sources while that ESI is migrating to ‘mini computers’ in user pockets and ‘mega computers’ distributed across the globe. I am afraid that business IT is evolving faster than the legal business. Corporate legal must collaborate and integrate with IT to keep informed of changing technologies and user demands before they become nightmare realities. These challenges can be met, but only by proactive team effort with executive mandates."

Show Me the Money – Proposed Rule Changes Take on the Spiraling Costs of Discovery (eDiscovery Insight)

"In 2013, suggested changes to discovery rules on both sides of the Atlantic highlight the increasing concerns shared by Americans and their British neighbors over litigation costs, as well as each region’s unique attempts to address them.  Predictably, the proposed revisions are steeped in debate and all about cost control."