Archive
In-House Need To Know These 6 Things About E-Discovery.
Catherine Dunn, Corporate Counsel
Recently, CorpCounsel.com sat down with Baron to discuss big-picture trends, including what clients are putting on their wish lists. Whether you’re an e-discovery pro or a novice who needs to learn fast, here are some key takeaways:
1. WHY ANALYTICS MATTER
Because, in short, “The volumes of data keep going up,” says Baron. But it’s not just that the volume is increasing, it’s that the forms of media involved in discovery are getting broader, including instant messages, audio messages, text messages, and recordings of conference calls. Attorneys “still need to find the proverbial needle in a haystack, and it’s getting harder and harder to find it,” says Baron. “Or, it takes more time to find it.” (read the article)
When to Preserve Evidence?
There are several variations in standards for establishing when a pre-litigation duty to preserve evidence is triggered
Maragaret Koesel, Tracey Turnbull, InsideCounsel
There is no consensus among state or federal courts on the standards that govern preservation and spoliation issues. Yet, whether and when a company has a duty to preserve evidence is among the first questions that come to mind for inside counsel considering spoliation issues. Generally, a company has no duty to preserve evidence before litigation is filed, threatened or reasonably foreseeable unless there is a statutory or regulatory mandate, a contractual obligation, some special circumstance, or an organization has voluntarily assumed an obligation to retain some document, data or thing. That means, unless a company has notice of a probable or pending litigation or a government investigation, it generally has the right to dispose of its own property, including documents, electronically stored information or tangible things, without liability. (read the article)
Will LEDES e-Discovery Codes Help Make Better Risk-Cost Decisions?
LEDES Adds Activity and Expense Codes for E-Discovery
Evan Koblentz, Law Technology News
E-discovery activity and expense codes are being developed by LEDES, the Legal Electronic Data Exchange Standards organization, following the group’s work on e-discovery billing codes last year.
Such codes can be used by law firms, corporate counsel, technology vendors, and their clients to itemize and evaluate e-discovery work in a uniform manner.
“We’ve been approached so many times about needing a way to cohesively bill e-discovery services using the codes billing process. (read the post)
Huron Continues to Expand.
Evan Koblentz, Law Technology News
Chicago-based Huron Consulting Group is buying Washington, D.C.-based document review, consulting, and legal staffing firm AdamsGrayson for $31.5 million, the companies announced Monday.
With the deal, Huron gets additional consultants in e-discovery, information risk management, and litigation readiness, along with Adams’ 200-seat document review center in the Washington region, where Huron hasn’t traditionally focused. (read the article)
Your Department is a Data Hoarder, Isn’t It?
Control risk and manage expenses associated with employee documents and email
Jim McGann, InsideCounsel
Are you a data hoarder? Does your Outlook inbox remind you of a cluttered attic filled with items of questionable use and unknown origin? If you’re like most in-house counsel, you keep as many emails and documents as your IT department will allow. It may well be time for some prudent spring cleaning. (read the article)
Just to Be Safe: Most Common Preservation Protocol.
What Causes Lawyers to Over-Preserve?
Craig Ball, Law Technology News
It’s hard to persuade attorneys to accept leaner, less costly preservation protocols. Irrational fear of sanctions and spotty familiarity with information technology have so conditioned lawyers to over-preserve that when advised there’s no need to keep something, they reply, “Let’s keep it anyway — just to be safe.” (read the article)
The Dark Side of E-Discovery Pricing
Evan Koblentz, Law Technology News
Does the ‘e’ in e-discovery have to stand for expensive? Unfortunately, vendors being vague about pricing is the norm, not the exception. The majority of times when I interview companies about their legal technology products, and ask what about costs, they answer, “It depends,” followed by numerous reasons why — some valid, in my opinion, some not. But at least half of the time they do tell me the approximate typical cost, lest customers (and reporters) assume that non-answers mean it’s very expensive. (read the article)
Fulbright’s 2011 Litigation Trends Report Predicts a Constant Litigation Pace and a Swell of Regulatory Investigations
EDD Blog Online
In their 8th Annual Litigation Trends Survey, Fulbright noted that 92% of U.S. respondents predict that litigation will either increase or stay the same in the upcoming year. (read the post)
Are Your e-Discovery Efforts in the Cloud?
Corporations and Their Lawyers Look to the Cloud for DIY E-discovery
Shannon Green, Corporate Counsel
When it comes to e-discovery, corporations and law firms are constantly seeking new ways to drive up efficiency while keeping their costs low. A new survey released by legal technology firm Kroll Ontrack reveals that many are looking to do-it-yourself (DIY) discovery platforms to achieve that balance. (read the article)
Lexis Opens E-Discovery Outsourcing Service
Evan Koblentz, Law Technology News
Applied Discovery, the e-discovery services arm of LexisNexis, is expanding its document review consulting to a full service. (read the post)



