Notable Articles in e-Discovery January 2012

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Must Parent and Attachment Files Be Kept Together?

This is a constant question that comes up in the scope of document production.  Does the legal team want to keep families together or treat them as separate documents.  This article is a good reference and has supporting arguments for both sides of the debate.  Unfortunately, there appears to be no definitive case or ruling on the subject.

Printing ESI & Scanning It Is Not OK

"The Federal Rules of Civil Procedure and corresponding case law are abundantly clear that you cannot degrade searchable files.  Printing ESI and then scanning the paper as non-searchable PDF’s is simply not permitted by the discovery rules."

Ralph Losey of Jackson Lewis on Predictive Coding and Transparency in E-Discovery

Great interview with Ralph Losey on predictive coding.  His explanation of how analytics and predictive coding work  in understandable terms by relating it to iTunes' Genius function is spot on.

Applying E-Discovery Best Practices to Cloud Computing

"According to the minutes of the mini-conference, attendees agreed that advancements in technology since the Supreme Court approved the e-discovery amendments to the Federal Rules of Civil Procedure have led to new challenges in e-discovery and preservation. Included among those advancements is cloud computing."

Live Blogging at LTNY: Session on Budgeting for E-Discovery

Some takeways from LegalTech New York 2012. "In this sesssion, key attributes were discussed that can reduce e-discovery costs and assist in litigation readiness for corporations, law firms and government entities."

E-Discovery Judges in Charlotte: Post-CLE Summary (2 Parts)

"Judges Facciola, Grimm and Peck spoke on the most pressing issues facing practitioners today. Using the context of a mock case (and its attendant meet and confer and Rule 16 conferences) the panel analyzed best and worst practices, and looked to the future of litigation and government investigation in a post-ESI world."

LegalTech Panel Examines E-Discovery Challenges in Europe

"In the discussion, "A GC's Nightmare: A U.S. E-Discovery Request into Europe," panelists from the U.S. and European Union membership countries laid out numerous examples of incorrect assumptions they have seen in multinational e-discovery cases -- and the risks and problems resulting from them."