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."

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"