Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.
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eDiscovery Trends: Brian Schrader of Business Intelligence Associates (BIA)
 eDiscovery Trends: Brian Schrader of Business Intelligence Associates (BIA) 150 150 CloudNine

Today’s thought leader is Brian Schrader. Brian is Co-Founder and President of Business Intelligence Associates, Inc. (BIA). Brian is an expert and frequent writer and speaker on eDiscovery and computer forensics topics, particularly those addressing the collection, preservation and processing functions of the eDiscovery process.

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eDiscovery Trends: DOJ Criminal Attorneys Now Have Their Own eDiscovery Protocols
 eDiscovery Trends: DOJ Criminal Attorneys Now Have Their Own eDiscovery Protocols 150 150 CloudNine

Criminal attorneys, are you discouraged that there is a lack of eDiscovery rules and guidelines for criminal cases? If you work for the Department of Justice or other related law enforcement agencies, cheer up! As noted in the Law Technology News article, DOJ Lays Down the Law on Criminal E-Discovery Protocols, written by Evan Koblentz, the government’s Joint Electronic Technology Working Group (JETWG), led by the DOJ, unveiled its best practices guide for eDiscovery at a federal software summit in Washington on February 10. The 21 page document is “intended for cases where the volume and/or nature of the ESI produced as discovery significantly increases the complexity of the case”.

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eDiscovery Trends: Tom Gelbmann of Gelbmann & Associates, LLC
 eDiscovery Trends: Tom Gelbmann of Gelbmann & Associates, LLC 150 150 CloudNine

Today’s thought leader is Tom Gelbmann. Tom is Principal of Gelbmann & Associates, LLC. Since 1993, Gelbmann & Associates, LLC has advised law firms and Corporate Law Departments to realize the full benefit of their investments in Information Technology. Tom has also been co-author of the leading survey on the electronic discovery market, The Socha-Gelbmann Electronic Discovery Survey; last year he and George Socha converted the Survey into Apersee, an online system for selecting eDiscovery providers and their offerings. In 2005, he and George Socha launched the Electronic Discovery Reference Model project to establish standards within the eDiscovery industry – today, the EDRM model has become a standard in the industry for the eDiscovery life cycle and there are nine active projects with over 300 members from 81 participating organizations.

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eDiscovery Best Practices: Google’s Blunder Keeps Them Under the (Smoking) Gun
 eDiscovery Best Practices: Google’s Blunder Keeps Them Under the (Smoking) Gun 150 150 CloudNine

As we noted back in November, a mistake made by Google during discovery in its lawsuit with Oracle could cost the company dearly, perhaps billions. Despite the use of search technology to cull down a typically large ESI population, a key email was produced that could prove damaging to their case. The latest court ruling denies Google’s attempts to exclude the email at trial.

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eDiscovery Trends: Jim McGann of Index Engines
 eDiscovery Trends: Jim McGann of Index Engines 150 150 CloudNine

Today’s thought leader is Jim McGann. Jim is Vice President of Information Discovery at Index Engines. Jim has extensive experience with the eDiscovery and Information Management in the Fortune 2000 sector. He has worked for leading software firms, including Information Builders and the French-based engineering software provider Dassault Systemes. In recent years he has worked for technology-based start-ups that provide financial services and information management solutions.

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eDiscovery Trends: Christine Musil of Informative Graphics Corporation (IGC)
 eDiscovery Trends: Christine Musil of Informative Graphics Corporation (IGC) 150 150 CloudNine

Today’s thought leader is Christine Musil. Christine has a diverse career in engineering and marketing spanning 18 years. Christine has been with IGC since March 1996, when she started as a technical writer and a quality assurance engineer. After moving to marketing in 2001, she has applied her in-depth knowledge of IGC’s products and benefits to marketing initiatives, including branding, overall messaging, and public relations. She has also been a contributing author to a number of publications on archiving formats, redaction, and viewing technology in the enterprise.

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eDiscovery Case Law: Predictive Coding Considered by Judge in New York Case
 eDiscovery Case Law: Predictive Coding Considered by Judge in New York Case 150 150 CloudNine

In Da Silva Moore v. Publicis Groupe, Magistrate Judge Andrew J. Peck of the U.S. District Court for the Southern District of New York ordered the parties to adopt a protocol for e-discovery that includes the use of predictive coding, perhaps the first known case where a technology assisted review approach was adopted by the court.

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eDiscovery Trends: George Socha of Socha Consulting
 eDiscovery Trends: George Socha of Socha Consulting 150 150 CloudNine

Today’s thought leader is George Socha. A litigator for 16 years, George is President of Socha Consulting LLC, offering services as an electronic discovery expert witness, special master and advisor to corporations, law firms and their clients, and legal vertical market software and service providers in the areas of electronic discovery and automated litigation support. George is also co-author of Apersee, an online system for selecting eDiscovery providers and their offerings and co-founder of the Electronic Discovery Reference Model (EDRM) project to establish standards within the eDiscovery industry. George has a J.D. for Cornell Law School and a B.A. from the University of Wisconsin – Madison.

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eDiscovery Trends: “Assisted” is the Key Word for Technology Assisted Review
 eDiscovery Trends: “Assisted” is the Key Word for Technology Assisted Review 150 150 CloudNine

As noted in our blog post entitled 2012 Predictions – By The Numbers, almost all of the sets of eDiscovery predictions we reviewed (9 out of 10) predicted a greater emphasis on Technology Assisted Review (TAR) in the coming year. It was one of our predictions, as well. And, during all three days at LegalTech New York (LTNY) a couple of weeks ago, sessions were conducted that addressed technology assisted review concepts and best practices. However, key to the success of any review effort, whether linear or technology assisted, is knowledge of the subject matter.

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eDiscovery Trends: International Trade Commission Considers Proportionality Proposal
 eDiscovery Trends: International Trade Commission Considers Proportionality Proposal 150 150 CloudNine

As eDiscovery costs continue to escalate, proposals to bring proportionality to the eDiscovery process have become increasingly popular, such as the model order to limit eDiscovery in patent cases proposed by Federal Circuit Chief Judge Randall Rader last year. In January, Chief Judge Rader and three members of the Council (Council Chairman Ed Reines of Weil, Tina Chappell of Intel Corporation, and John Whealan, Associate Dean of Intellectual Property Studies at the George Washington University School of Law) presented a proposal to the U.S. International Trade Commission (USITC) to streamline eDiscovery in section 337 investigations.

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