1. The Need for Practical E-Discovery Standards
(Blog/Blog)

... if ever, to search backup tapes. In my view, though, what has been noticeably missing from this debate is discussion of the mundane, pick-and-shovel e-discovery concerns that affect every case.  ...

2. Don’t Let Your Wild Things Twitter, Text or Email
(Blog/Blog)

... are in each of us. Neurologists, economists, psychologists, and other researchers tell us the Wild Things are the emotional feelings and impulses that “pop” into our consciousness when we find ourselves ...

3. Clawback Agreements in the Wake of FRE 502
(Blog/Blog)

... discovery, this means utilizing experienced e-discovery experts (whether experienced colleagues within a firm or outside vendors) to assist in effective searching and compliance with established standards. ...

4. Non-Latin Text Poses E-Discovery Problem
(Blog/Blog)

... models. The technical e-discovery response is simple to describe, yet complex to implement. Forensic software, search utilities, hosting platforms and other software must be upgraded to address the thousands ...

5. Preaching: Prompt & Cheap ESI Preservation
(Blog/Blog)

... of computers is no excuse. What do you do? Notice that the preservation steps outlined below don’t require parties or their attorneys to access and search for ESI on storage devices. Accessing and searching ...

6. Early Case Assessment Is Too Late
(Blog/Blog)

... e-discovery in mind. The most common example of this is email archiving. Many archiving platforms were designed for operational archiving, where most users search for a single old email. The systems are ...

7. Big Fish, Little Fish, We’re All in the Same E-Discovery Waters
(Blog/Blog)

... highlights the fact that e-discovery affects cases of all sizes and that attorneys must always be prepared to identify, preserve and search for electronic evidence. According to the court’s memorandum ...

8. The Rising Tide of E-Discovery Specialists
(Blog/Blog)

... curbs pretrial paper work, not data Amount of information, complexity of searches create work for specialists By Mike McLean Of the Journal of Business In a growing number of legal disputes, opposing ...

9. Tweets Are Evidence, So Just Deal With It
(Blog/Blog)

... used to good effect over the past three years to limit searches of deleted files, back-up tapes and live files not in the hands of key persons. The key to successful use of the safe harbor provision ...

10. Encryption is the Key
(Blog/Blog)

... sent to a specific domain (company) are encrypted. •    Content Triggered: The email is automatically encrypted using rules, filters or lexicons that search for a specific combination of ...

11. Need a Court Order? Not So Fast!
(Blog/Blog)

... of the terms of the order.   One of the most common examples of this is the ill-advised, but often agreed upon, search term list. It is all too common for litigants to agree on electronic searches ...

12. The Vanishing Point
(Blog/Blog)

... results, the University of Washington has developed a new type of encryption technology called Vanish. What is Vanish? According to UW’s informational Web site, Vanish “is a research system designed to ...

13. Concept Searching: What a Concept!
(Blog/Blog)

... number would start to double on an annual basis in 2008. Simply put, there’s too much data and the problem is getting worse. It’s nearly impossible, even with the aid of today’s best keyword-search technologies, ...

14. Yankee Doodle Dandy: Leave the FRCP Alone
(Blog/Blog)

...  Coming up with such a formula will not be easy. What Will Help Here’s what will help solve the problem of out-of-control litigation costs: •    Better search methodologies and technologies ...

15. Webmail: When Private Isn't Really Private
(Blog/Blog)

... keep in mind some basic principles of personal communications at work: Know your company’s Webmail use and privacy policies. Remember that Webmail (and other online activity, such as online search, shopping ...

16. Awash in a Sea of Data
(Blog/Blog)

... searching. Blank Law + Technology works on cases where both small and large numbers of documents have to be searched for potentially relevant data. Think of the volume quandary this way: 1 gigabyte of ...

17. Delaware Courts to Big Biz: No More EDiscovery Hanky Panky
(Blog/Blog)

... expedited basis. • Beard Research Inc. v. Kates - The court awarded plaintiffs attorney fees and expenses related to their motion for sanctions for spoliation of evidence and granted plaintiffs’ request ...

18. E-Discovery is a Discipline Unto Itself – Part II
(Blog/Blog)

... then, mountains of documents were crudely reduced by high-level searches to a “manageable” number, roughly based on the perceived value of the dispute, to tens, hundreds or thousands of documents. The ...

19. Careful How You Tweet, It Might Not End So Sweet
(Blog/Blog)

... the jury’s use of Twitter and other blogging or social networking. •    Searching the Internet to see if information is being posted about their case, especially if the case is in trial. ...

20. E-Discovery is a Discipline Unto Itself – Part I
(Blog/Blog)

... of high-level macrosearches that produce the documents subject to attorney review. Efficient electronic discovery also makes use of computer “forensics,” where technicians and engineers use the latest ...