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 Case Law: KPMG Denied in Request for “Proportionality Test” to Preservation
 eDiscovery Case Law: KPMG Denied in Request for “Proportionality Test” to Preservation 150 150 CloudNine

In Pippins v. KPMG LLP, defendant’s request for a protective order allowing it to maintain only a random sample of 100 hard drives from 2,500 laptops or to require plaintiffs to bear the cost of maintaining 2,500 hard drives was denied.

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eDiscovery Rewind: Eleven for 11-11-11
 eDiscovery Rewind: Eleven for 11-11-11 150 150 CloudNine

Since today is one of only 12 days this century where the month, day and year are the same two-digit numbers (not to mention the biggest day for “craps” players to hit Las Vegas since July 7, 2007!), it seems an appropriate time to look back at some of our recent topics. So, in case you missed them, here are eleven of our recent posts that cover topics that hopefully make eDiscovery less of a “gamble” for you!

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Marketing a Litigation Support / eDiscovery Department within a Law Firm: Closing Thoughts
 Marketing a Litigation Support / eDiscovery Department within a Law Firm: Closing Thoughts 150 150 CloudNine

In the past few weeks we’ve talked about various marketing techniques and mechanisms that — in my experience — work well in a law firm. In closing, I have just a few additional thoughts I’d like to share with you on the subject.

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Marketing a Litigation Support / eDiscovery Department within a Law Firm: Keeping Existing Customers, Part 2
 Marketing a Litigation Support / eDiscovery Department within a Law Firm: Keeping Existing Customers, Part 2 150 150 CloudNine

In the last post in this series, we began talking about marketing techniques for keeping the customers you have. The first point we covered was continuously reminding your customers of the services that you offer. The second thing you need to do is to look for new ways to help the customers that you have.

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eDiscovery Best Practices: Cluster Documents for More Effective Review
 eDiscovery Best Practices: Cluster Documents for More Effective Review 150 150 CloudNine

With document review estimated to up to 80% of the total cost of the eDiscovery process and the amount of data in the world growing at an exponential rate, it’s no wonder that many firms are turning to technology to make the review process more efficient. How the documents are organized can make a big difference in the efficiency of review, not only in saving costs, but also improving accuracy. This process of organizing documents with similar content into “clusters” helps each reviewer make quicker review decisions and also promotes consistency in the review process.

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eDiscovery Trends: Madoff Ponzi Scheme Case Documents May Be Turned Over to eData Rooms and Special Masters
 eDiscovery Trends: Madoff Ponzi Scheme Case Documents May Be Turned Over to eData Rooms and Special Masters 150 150 CloudNine

The trustee responsible for coordinating the recovery of assets and data involved in Bernard L. (“Bernie”) Madoff’s $65 billion Ponzi fraud investigation is presently seeking to secure special masters and create an “eData room” to ensure that the enormous volume of data accumulated during this worldwide investigation is collected and retained.

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eDiscovery Trends: Special Masters Increasingly Used to Facilitate Complex eDiscovery Cases
 eDiscovery Trends: Special Masters Increasingly Used to Facilitate Complex eDiscovery Cases 150 150 CloudNine

Retired Washington DC superior court judge Richard Levie was recently appointed as a special master to oversee the eDiscovery demands of an ongoing high profile acquisition case. The DOJ and AT&T have jointly requested (and US district Judge Ellen Segal Huvelle appointed) Levie as special master to resolve any matters involving electronic evidence in the case focused on the $39 billion proposed acquisition of T-Mobile by AT&T. The assignment of special masters has become a growing trend to help streamline the discovery process.

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Marketing a Litigation Support / eDiscovery Department within a Law Firm: Keep Existing Customers, Part 1
 Marketing a Litigation Support / eDiscovery Department within a Law Firm: Keep Existing Customers, Part 1 150 150 CloudNine

Yesterday, we concluded our discussion about getting new customers. Today, we begin discussing how to keep the customers you already have. Getting repeat business from your clients is essential. If every client only used your services once, at some point you’d be out of business. You need to focus, therefore, on getting repeat business. Here’s how.

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Marketing a Litigation Support / eDiscovery Department within a Law Firm: Getting New Customers, Part 5
 Marketing a Litigation Support / eDiscovery Department within a Law Firm: Getting New Customers, Part 5 150 150 CloudNine

Last week, we started talking about techniques and mechanisms for one-on-one marketing to individual attorneys and litigation teams in your firm. Here are a few more tips.

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eDiscovery Trends: SEC Orders Its Staff to Cease Document Destruction Pending Policy Review
 eDiscovery Trends: SEC Orders Its Staff to Cease Document Destruction Pending Policy Review 150 150 CloudNine

The U.S. Securities and Exchange Commission (“SEC”) recently ordered all of its enforcement staff attorneys to cease the destruction of documents from investigative files after criticism that the SEC wrongfully destroyed thousands of documents associated with high profile enforcement matters, including investigations into Wall Street banks. The National Archives and Records Administration (NARA) and the SEC’s inspector general are currently examining whether the organization’s document destruction policy requires revision. This cease order comes in the wake of information provided by a SEC whistleblower, indicating that the SEC wrongfully destroyed thousands of documents from preliminary investigations.

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