E-Discovery Examiner: News, Views and Analysis from the E-Discovery Experts
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  • Blog Post: E-Discovery Can Be Costly - But Not Doing It Right Can Cost Much More

    LexisNexis Litigation Resource Community Staff LexisNexis Litigation Resource Community Staff
    Say you have a fairly complex piece of litigation and you have a million documents to review. And let's be nostalgic and go with an entirely human solution. You have a group of $150-an-hour attorneys who can review each document in just 30 seconds to determine whether it should be produced. It is...
    on 3 Aug 2012
  • Blog Post: ABA Provides Ethical Guidance on ESI; Pennsylvania, Florida Update Procedural Rules

    LexisNexis Litigation Resource Community Staff LexisNexis Litigation Resource Community Staff
    In case you were thinking of playing fast and loose with digital client information, new rules require you to think again. The American Bar Association (ABA) recently amended the Model Rules of Professional Conduct to guide lawyers on use of technology and confidentiality. Much of it comes down to one...
    on 11 Sep 2012
  • Blog Post: Bankruptcy's Unique Characteristics Prompt Special Guidance From ABA Working Group

    LexisNexis Litigation Resource Community Staff LexisNexis Litigation Resource Community Staff
    Earlier this year the ABA ESI in Bankruptcy Working Group issued interim guidelines on the "scope and timing" of a party's obligation to preserve ESI in bankruptcy cases. The group comprises both sitting and former judges, bankruptcy and litigation attorneys, law professors and a representative...
    on 5 Oct 2012
  • Blog Post: Judge Scheindlin Tells Government Agencies to Conduct Searches Again, Questions Keyword Searches by In-House Teams

    LexisNexis Litigation Resource Community Staff LexisNexis Litigation Resource Community Staff
    As long as there have been saws, carpenters have lived by this axiom- "measure twice; cut once." To do the reverse and "save time" by skipping that second measurement too often results in a waste of lumber, re-doing work or watching your deck fall off the back of your house. Apparently...
    on 5 Oct 2012
  • Blog Post: ‘Siri®, How Much Discoverable ESI is on My Smartphone?’

    LexisNexis Litigation Resource Community Staff LexisNexis Litigation Resource Community Staff
    'Siri®, How Much Discoverable ESI is on My Smartphone?' As anyone who has collided with someone staring at their smartphone and not where they are walking knows (known in Yoga circles as the "downward-facing pedestrian"), mobile device usage has exploded in just a few years...
    on 30 Oct 2012
  • Blog Post: Outbreak of Reason Reported in Northern District of California: New E-Discovery Guidelines Released

    LexisNexis Litigation Resource Community Staff LexisNexis Litigation Resource Community Staff
    American litigators in high-stakes cases can be aggressive, clever, passionate, smart and, if necessary, ruthless. And costs be damned! It's how they roll. In fact, some people who study these things say that the testosterone levels of trial attorneys-males and females alike-are higher than their...
    on 13 Jan 2013
  • Blog Post: Trend Spotting: Law Firms Seek to Enhance In-House E-Discovery Capabilities

    LexisNexis Litigation Solutions LexisNexis Litigation Solutions
    BY: GEORGE SOCHA AND TOM GELBMANN, CO-FOUNDERS OF EDRM AND APERSEE -- Law firms are accelerating efforts to bring e-discovery in-house. We have seen a recent uptick in announcements that law firms have developed or expanded their internal e-discovery capabilities. Providers are quick to note each time...
    on 1 Dec 2013
  • Blog Post: When EDI is Accessible and Proportionally Affordable, Plan to Produce

    LexisNexis Litigation Solutions LexisNexis Litigation Solutions
    In case you were in doubt, being asked to provide “easily accessible” digital records of thousands of paper documents you already produced may not be considered unreasonably cumulative, duplicative or burdensome, and if the related costs are something like .025% of the amount in controversy...
    on 2 Dec 2013
  • Blog Post: Controlling E-Discovery Costs for Clients

    LexisNexis Textmap Partner Admin LexisNexis Textmap Partner Admin
    By: Trent Walton -- Over the past several years, we’ve seen the emergence of early data assessment (EDA) software tools. EDA tools help control costs by first culling non-responsive and duplicate files, then further refining the document set by searching text and metadata to locate relevant files...
    on 22 Jan 2014
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