Litigation

Recent Posts

The World Is Flat: Handling Foreign Language Documents In E-Discovery Projects
Posted on 15 Sep 2011 by Daryl Shetterly

By Daryl Shetterly Early in my e-Discovery career I learned the unanticipated presence of foreign language documents can throw a project budget and timeline for a loop. We were on budget and ahead of schedule when . . . BAM! Lots of Asian language... Read More

LeClairRyan on E-Discovery: Getting the Most From the Custodian Interview
Posted on 15 Feb 2012 by Daryl Shetterly

By Daryl Shetterly Interviewing key custodians is a crucial phase of the eDiscovery lifecycle. Information gathered during this phase helps you identify the distribution of relevant documents in the corporation and gives you valuable information as... Read More

E-mail E-Discovery - Can I Have Attachments With That Order?
Posted on 10 Nov 2011 by Dennis Kiker

By Dennis Kiker Abu Dhabi Comm. Bank v. Morgan Stanley , 2011 WL 3738979 (S.D.N.Y. Aug. 18, 2011) presents an interesting, but, I would have thought, pretty simple question: When a party produces e-mail, must it also produce non-privileged attachments... Read More

Legal Process Sourcing For Document Review
Posted on 16 Sep 2011 by William Wallace Belt

B y William Wallace Belt "Legal Process Outsourcing" ("LPO") needs a new name. Document reviews are a team effort and "outsourcing" throws a wet blanket on a team approach. A better name is "Legal Process Sourcing... Read More

The Legal Hold Notice is Privileged, but What About the Process?
Posted on 16 Nov 2011 by Dennis Kiker

By Dennis Kiker It is not an uncommon question: is my legal hold notice privileged? I've always contended that it is, and the court in Cannata v. Wyndham Worldwide Corp. , 2011 WL 3495987 (D. Nev. Aug. 10, 2011) agreed. However, the question that... Read More

E-Discovery Certification: Sham Or The Logical Next Step?
Posted on 16 Sep 2011 by Dennis Kiker

B y Dennis Kiker Recently, I remarked that e-discovery is a " complex, high-risk task that requires specialized skills and experience ." So, the obvious question for purchasers of e-discovery services is, "How do I know that I am hiring... Read More

LeClairRyan: The Importance Of People And Process In Electronic Discovery
Posted on 9 May 2012 by Daryl Shetterly

By Daryl Shetterly Whenever I hear people lamenting the many ways eDiscovery has ruined their day or their week, I try to dig a bit deeper and get to the root of the problem. Is the problem really an eDiscovery problem or is it a failure by the organization... Read More