Best Practices, Best Solution?

The New York State Bar Association (NYSBA) published their “Best Practices in eDiscovery in New York State and Federal Courts” this week in hopes to influence some sort of standardization in eDiscovery collection and preservation. It is no secret that those involved in eDiscovery, from counsel to vendors, have been searching for a universal document [...]

The Future of E-Discovery: Webinar Recap

Yesterday we attended a webinar called The Future of E-Discovery: Top Ten Trends and Predictions. Maura Grossman, Counsel at Wachtell, Lipton, Rosen & Katz, and Ron Hedges, former US Magistrate Judge, spoke on varying topics that have been foremost in the minds of the e-discovery world lately.

Grossman was at the Federal Civil Rules Committee meeting [...]

Sampling and E-Discovery

Lindsay Stevens’ recent presentation at the Virtual Corporate Counsel Forum mentioned the importance of sampling to validate the e-Discovery processes starting from collection and data targeting through the review stages. If you would like to know more about statistical sampling, particularly in reference to e-Discovery check out some of the guides provided by litigation organizations [...]

Advisory Committee Makes No Progress with Data Preservation Reform

As we mentioned in our September 9th BLLAWG, the Civil Rules Advisory Committee had a mini-conference in Dallas to discuss changes to data preservation rules. The current standards are very vague and tend to vary, and as electronic evidence gains importance there is an increasing need to make sure no crucial information is “thrown away.” [...]

Highlights: Gibson Dunn 2011 Mid-Year E-Discovery Update

Gibson Dunn has released its 2011 Mid-Year E-Discovery Update and reports that cases involving e-discovery are on the rise. In fact, e-discovery decisions have gone up by a remarkable 82% percent since mid-year 2010. Because litigation is increasingly widespread, more parties are seeking sanctions against opposing counsel for e-discovery negligence than ever before, for example [...]

E-Discovery Negligence: Who’s To Blame?

In Thorncreek Apartments III, LLC v. Village of Park Forest (N.D. Ill. Aug. 9, 2011), the Northern District of Illinois concluded that a litigant had been negligent throughout the discovery process of a case and as a result waived privilege on inadvertently produced documents. In this particular case, the defendant failed to check the documents [...]