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Dos & Don’ts of Handling Data Received from Clients and Opposing Counsel

This post addresses steps legal teams should take and missteps to avoid upon receiving evidence collected by clients and production data sets from opposing counsel. There have been multiple posts published around the best ways to identify, collect, analyze, review and produce data. This post will not revisit those discussions, but will address the proper course of action one should take on [...]

By |2018-12-18T11:23:22+00:00December 18th, 2018|eDiscovery|Comments Off on Dos & Don’ts of Handling Data Received from Clients and Opposing Counsel

Can Lawyers Innovate? Is Litigation Support Essentially Innovative?

During his keynote at LTNY, Jeff DeGraff explains why lawyers find it hard to innovate in the delivery of legal services. In contrast, Chuck Kellner explains why successful businesses in litigation support and eDiscovery are essentially—and continuously—innovative. Jeff DeGraff is an innovation guru. He explains to people how they can innovate and what are their impediments [...]

By |2018-12-12T09:22:14+00:00December 12th, 2018|eDiscovery|Comments Off on Can Lawyers Innovate? Is Litigation Support Essentially Innovative?

Predictive Analytics: What it is, How it Works and How to Apply it

This post defines predictive analytics, explains how it functions and when it can be applied during discovery to facilitate more efficient workflows. In the previous article we introduced the three different groups of analytics one can apply in discovery; structured, conceptual and predictive analytics. The focus of this article will be an overview on predictive analytics. Predictive [...]

By |2018-12-11T16:08:59+00:00December 11th, 2018|eDiscovery|Comments Off on Predictive Analytics: What it is, How it Works and How to Apply it

10 Fundamentals of eDiscovery Project Management

A lot of information is being published about the processes and workflows required to support projects that include technology assisted review, data analytics, and other more advanced functionality. Important as they are, I question whether the attention to these new workflows is causing us to lose focus on the foundational building blocks of effective and [...]

By |2018-12-11T14:45:21+00:00December 11th, 2018|eDiscovery|Comments Off on 10 Fundamentals of eDiscovery Project Management

Quick Guide to Coding Records in Relativity

Document Review can sometimes be monotonous. Staring at a couple of monitors for hours on end trying some decisions on documents, yeah… not my cup of tea. So, if you’re going to do it you might as well do it right. There are several ways to code records within Relativity all of which are based [...]

By |2018-12-11T14:36:39+00:00December 11th, 2018|eDiscovery|Comments Off on Quick Guide to Coding Records in Relativity

5 Best Practices For Dealing With Text in eDiscovery

Anyone who works closely with me knows I love to define things. Why? Because I want to ensure that everyone I work with talks about things in the same way, and that clear expectations are established on projects. Things tend to go wrong in the eDiscovery process when assumptions are made. So what is this [...]

By |2018-12-11T14:28:48+00:00December 11th, 2018|eDiscovery|Comments Off on 5 Best Practices For Dealing With Text in eDiscovery

How to Use Email Threading and Near-Duplication Workflows to Review Less Data

In the last three years, Data Analytics has been one of the hot topics in eDiscovery and Litigation Support circles, but analytics has been around for much longer. Analytics first arrived in the form of Email Threads (ET) and Near-Duplication (ND). Built on textual analysis, ET and ND software compares the text of a collection of documents against [...]

By |2018-12-11T14:14:18+00:00December 11th, 2018|eDiscovery|Comments Off on How to Use Email Threading and Near-Duplication Workflows to Review Less Data

Guide to Litigation Readiness: How to Create a Defensible Plan

Part of the buzz at #ILTACON 2016 was how much legal work is moving in-house from outside counsel. Companies that have occasional or even frequent risk of litigation can easily outsource their work. But many companies are seeing increasing need to respond to government inquiries and to conduct their own internal investigations. Once those needs [...]

By |2018-12-11T14:06:57+00:00December 11th, 2018|eDiscovery|Comments Off on Guide to Litigation Readiness: How to Create a Defensible Plan

When to Do a Remote Forensics Collection and 5 More FAQs

When should I request a remote collection over on-site? What does the remote collection process look like? Is it defensible? Is the remotely collected data secure and encrypted? I was recently on a call with a client where we discussed the various methods of remote ESI collection. Both of us have been in the legal [...]

By |2018-12-11T13:59:52+00:00December 11th, 2018|eDiscovery|Comments Off on When to Do a Remote Forensics Collection and 5 More FAQs

3 Reasons Why Your Legacy Document Review Tool is Limiting Productivity

This post explains three areas where legal teams are held back when using outdated review technology; data management, database functionalities and overall reliability of work product. In 2011 LexisNexis published an article arguing that electronic data volumes were doubling every three years. Four years later, a 2015 article in Corporate Counsel magazine stated that corporate clients are doubling content [...]

By |2018-12-11T13:48:26+00:00December 11th, 2018|eDiscovery|Comments Off on 3 Reasons Why Your Legacy Document Review Tool is Limiting Productivity

8 Best Practices for Handling Electronic Evidence

Why does electronic evidence multiply? Why does it move or get renamed or even deleted? It does not do it on its own… so who is responsible and why? The storing and management of electronic evidence has been an important topic for litigation support, legal and IT teams for many years. The most common issues [...]

By |2018-12-11T13:43:12+00:00December 11th, 2018|eDiscovery|Comments Off on 8 Best Practices for Handling Electronic Evidence

Recent eDiscovery Cases for Mobile Phones and Social Media

As we all know, mobile phones and social media applications are storing and retaining more information about their users and their activities than ever. The range of electronically-stored information (ESI)that is fair game in a lawsuit and the case law that governs continues to evolve. Just how much is discoverable, and what are the standards applied [...]

By |2018-12-11T13:40:30+00:00December 11th, 2018|eDiscovery|Comments Off on Recent eDiscovery Cases for Mobile Phones and Social Media

3 Document Review Tips from eDiscovery Project Management Experts

Special Counsel review project managers are famous for their bag of tricks—the knowledge, tweaks, anecdotes, and experience they’ve amassed as a team from the thousands of managed reviews our national project manager (PM) Team have run for clients, both large and small. Clients come to them daily with questions like, “have you ever seen this before,” [...]

By |2018-12-11T10:38:53+00:00December 11th, 2018|eDiscovery|Comments Off on 3 Document Review Tips from eDiscovery Project Management Experts

What You Need to Know About Identifying, Collecting, and Preserving ESI

Mitigate the risk of sanctions and harsh penalties by addressing the two most important parts of the discovery process — identification and preservation of ESI. The latest proposed amendment to Rule 37(e) addresses and aims to alleviate the burden many corporations feel when it comes to preservation of ESI (Electronically Stored Information). However, the risk remains present [...]

By |2018-12-11T09:25:34+00:00December 11th, 2018|eDiscovery|Comments Off on What You Need to Know About Identifying, Collecting, and Preserving ESI

Microsoft Office 365 is Disrupting the eDiscovery Industry in a Major and Permanent Fashion

This blog was originally published by our partner X1 and was written by John Patzakis. The adoption of cloud-based Microsoft Office 365 (“O365”) within enterprises is growing exponentially. According to a 2016 Gartner survey, 78 percent of enterprises use or plan to use Office 365, up from 64 percent in mid-2014. O365 includes built-in eDiscovery tools in the [...]

By |2018-12-10T16:19:42+00:00December 10th, 2018|eDiscovery|Comments Off on Microsoft Office 365 is Disrupting the eDiscovery Industry in a Major and Permanent Fashion

Where Lawyers Can’t Practice

Practicing law means something totally different to International law firms in China.  What is the attraction for US law firms in China?  What can (and, perhaps more significantly, can’t) foreign lawyers do with China law and practice?  Have all firms successfully made the adjustment?  Who is the “Red Circle” and what impact will they have [...]

By |2018-12-10T16:07:29+00:00December 10th, 2018|eDiscovery|Comments Off on Where Lawyers Can’t Practice

7 Tips to Preserve and Review Mobile Device Data

According to a recent survey, there are more than 270 million mobile phone users in the United States. That number is staggering as it actually exceeds the estimated number of U.S. citizens 18 and over. In effect, everyone has a mobile phone and as we all know, there’s more to cellphone functionality than just texting [...]

By |2018-12-10T15:52:46+00:00December 10th, 2018|eDiscovery|Comments Off on 7 Tips to Preserve and Review Mobile Device Data

To DeNIST or Not to DeNIST…That is the Question!

This post defines the NIST list, explains how the DeNIST process reduces data volumes, and shows DeNIST test results from Windows 7 and Windows XP systems. “Can’t you just DeNIST the data and get rid of all the junk files…?” This is a question I am asked often. It usually comes after an individual attends an eDiscovery [...]

By |2018-12-10T15:38:09+00:00December 10th, 2018|eDiscovery|Comments Off on To DeNIST or Not to DeNIST…That is the Question!

5 Expert Predictions for the eDiscovery Industry in 2018

Recently D4 sat down with some of our internal experts and asked them to share their predictions for the eDiscovery industry in 2018. From advanced analytics to preparing for the upcoming GPDR changes, each expert had a unique viewpoint on where eDiscovery is headed in the upcoming year. Here are some of their thoughts: eDiscovery Predictions for [...]

By |2018-12-10T15:34:39+00:00December 10th, 2018|eDiscovery|Comments Off on 5 Expert Predictions for the eDiscovery Industry in 2018

Rule 1, 16, 26, 34, 37: FRCP Amendments Pertaining to eDiscovery

This post explains the FRCP amendments pertaining to eDiscovery and how they improve cooperation, proportionality and provide uniform rules for preservation. Recently, I was privileged to be included on a panel to discuss the 2015 FRCP Amendments. The panel was hosted by the American Bar Association as a part of its 24th Annual Insurance Coverage Litigation Mid-Year [...]

By |2018-12-10T14:44:40+00:00December 10th, 2018|eDiscovery|Comments Off on Rule 1, 16, 26, 34, 37: FRCP Amendments Pertaining to eDiscovery
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