Notable Articles in E-Discovery - Winter 2012

Managing the Risks and Costs of E-Discovery in Multiple Related Investigations and Litigations (Mayer Brown)

"Effective planning, strategic negotiations and appropriate disclosure are the keys to satisfying investigators and plaintiffs that an organization has complied with its preservation and production obligations while controlling costs.  The key is maintaining control--an organization should be proactive and try to dictate the terms of the preservation, collection, and production of data.  While obtaining and maintaining control can be very difficult to accomplish, particularly with regulators and government agencies, it is possible to do so if an organization, and its outside counsel, has a comprehensive understanding of the issues, the data addressing those issues and the location of key data within your organization."

A Basic eDiscovery Framework: One Way To Align Three Differing Approaches (@complexD)

"The Basic eDiscovery Offering Framework is designed to help eDiscovery professionals cohesively consider how to share and compare service and product information as it relates to the conduct of eDiscovery regardless of the steps, model or best practices used by practitioners."

 Predictive Technologies May Avert Potential Data Archiving Trainwreck (Wyatt Cash)

"Recognizing that agencies were failing to keep up with the explosive shift from paper to digitally-generated information across the federal government, the Obama administration issued a landmark directive a year ago Nov. 28 aimed at moving federal record-keeping fully into the digital age...NARA is expected to issue a new set of simplified document disposition policies that will include the use of automated tools. The new policy represents an effort to make it easier for agencies and employees to separate permanent documents from temporary ones."

Q&A: Social media data collection increasingly vital to e-discovery (Ben Cole)

"The explosion of social media use for business purposes has created numerous new challenges for companies -- especially from a litigation and regulatory compliance standpoint...One big problem is that, despite not much precedent for social media case law, companies are increasingly responsible for the collection and preservation of social media content, according to eDJ Group co-founder and analyst Barry Murphy. In this Q&A, Murphy discusses the importance of social media data collection in today's business environment, the evolution of social media preservation for e-discovery purposes, and what future social networking compliance rules could look like."