Electronic Discovery

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  Discovery Resources

• AZ Supreme Court says metadata a public record

  Mary Mack

  30 Oct 2009 | 10:12 am

  Records managers will be taking a new look at “Create dates” after the Arizona Supreme Court mandated production of metadata in public records. The case involved a demoted police officer who wanted access to the metadata to prove notes were backdated.  Up until now, most cases have held that there must be a showing that metadata is necessary before ordering its production.  While this case may be applied narrowly for Arizona public records, it may impact other governmental entities and courts. “It would be illogical, and contrary to the policy of openness underlying the…

• Webcast: 25 and Counting - State e-Discovery Rules Taking Shape

  Jim Woolfrey

  28 Oct 2009 | 12:38 pm

  Wed. 12/16 - As of Sept. 2009, twenty five states have adopted e-discovery procedural rules that reflect the 2006 FRCP amendments. Many others are considering changes. In this 3rd annual webcast, Tom Allman and Mary Mack provide an update.  More info / Register >

• $4.2 million misconduct sanction in railroad death case sends strong signal

  DiscoveryResources.org Reporter

  23 Oct 2009 | 5:06 pm

  The money quote: “BNSF, through its spokesperson, Suann Lundsberg, told Minnesota Lawyer that there was an issue six years ago regarding evidence preservation and acknowledged that BNSF could have done a more thorough job of documenting that the gates and lights were properly activated.” This fascinating story, from Minnesota Lawyer, of sanctions and fully complying with discovery is a good read. Continue reading….

• MySpace, Facebook, GPS and other e-Discovery: Coming Soon to a Texas Divorce Proceeding Near You

  DiscoveryResources.org Reporter

  21 Oct 2009 | 3:29 pm

  It’s everywhere, according to this recent article in the Austin 10 written by Tony R. Bertolino, managing partner at Bertolino LLP: Electronic discovery is now playing a critical role in more than 75% of divorce cases. “….What Sarah Brown found on her husband’s computer hard drive was enough to make her call a divorce lawyer the next morning, and begin an emotional trial that tested the boundaries of the always-evolving legal world of electronic discovery.”  Continue reading….

• Webcast: Achieving Cost Control and Predictability in e-Discovery with SaaS Technology

  Jim Woolfrey

  20 Oct 2009 | 4:35 pm

  Tues. 11/3 - Learn how software-as-a-service (SaaS) and cloud computing can provide control and cost predictability. Learn definitions and examples of SaaS technologies. Learn about SaaS for e-discovery and the benefits and risks of cloud computing and SaaS. More info / register >

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  Electronic Discovery Law

• "Roadmap for Reform" Reports Provide Rules and Guidelines for Pilot Programs Aimed at Addressing Problems of Civil Justice System

  4 Nov 2009 | 11:05 am

  In two reports released yesterday, the Institute for the Advancement of the American Legal System at the University of Denver and the American College of Trial Lawyers, set forth rules and guidelines to be utilized by jurisdictions in the creation and implementation of pilot programs aimed at addressing the problems identified by the two groups in their Final Report on the Joint Project of the American College of Trial Lawyers Task Force and the Institute for the Advancement of the American Legal System (“Final Report”) earlier this year.  The Final Report, issued in March of…

• Supreme Court of Arizona holds Metadata is Subject to Public Records Requests

  30 Oct 2009 | 12:01 pm

  Lake v. City of Phoenix, No. CV-09-0036-PR (Ariz. Oct. 29, 2009) In an en banc opinion, the Supreme Court of Arizona vacated (in part) an opinion from the Court of Appeals and held that “if a public entity maintains a public record in an electronic format, then the electronic version, including any embedded metadata, is subject to disclosure under our public records laws.”  [Emphasis added.]In the course of the underlying litigation, David Lake, a Phoenix police officer, sought the production of metadata associated with notes he suspected were backdated.  The city denied…

• Sedona Continues Call for Cooperation

  30 Oct 2009 | 11:53 am

  By Jennifer H. Rearden and Farrah Pepper New York Law Journal October 29, 2009 It turns out that Jean-Paul Sartre's famous pronouncement that "hell is other people" was overly broad.  Other people per se are not the problem, but rather other lawyers -- and uncooperative ones at that.  A federal judge in the late 1980s confirmed as much, as a recent e-discovery opinion reminds us:  "If there is a hell to which disputatious, uncivil, vituperative lawyers go, let it be one in which the damned are eternally locked in discovery disputes with other lawyers of equally…

• Court Imposes Strict Sanctions for Loss of Video Resulting from City's Reckless Failure to Ensure Preservation

  29 Oct 2009 | 2:09 pm

  Peschel v. City of Missoula, 2009 WL 3364460 (D. Mont. Oct. 15, 2009) In this case arising from defendant’s claims that he was wrongfully arrested and that the officers used excessive force, among other things, defendant sought sanctions for the city’s failure to preserve the video of the arrest that was recorded by a camera in one of the officer’s cars.  Finding that the video was lost as a result of the city’s recklessness, the court granted defendant’s motion for sanctions and “designat[ed], for purposes of the case, that the arresting officers used…

• Court Denies Motion to Compel Sequestration and Forensic Examination of City's Computers and Storage Devices, Directs Parties to Cooperate to Develop a "Meaningful Discovery Plan"

  28 Oct 2009 | 10:27 am

  Mirbeau Geneva Lake, LLC v. City of Lake Geneva, 2009 3347101 (E.D. Wis. Oct. 15, 2009) In this litigation over the attempted development of land in the City of Lake Geneva, plaintiff sought to compel production of all of defendants’ “computers and other electronic storage devices” for forensic examination.  In support of the motion, plaintiff argued that defendants’ offer to produce emails in “paper form” was insufficient and that defendants were not properly preserving data for production.  Noting plaintiff’s failure to make a sufficient…

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  Pivotal Discovery Blog

• Dethroned! SF Bay Area takes the #1 spot from NY for e-discovery careers

  26 Oct 2009 | 6:00 pm

  At least for the month of October. New York had been at the top of our survey each month since we began tracking career postings fifteen months ago, in July 2008. Overall, the West Coast gained in every category. Regardless of which region is pulling the jobs train - East Coast, West Coast, or Midwest, hopefully we can keep it stable until we pull out of the recession. Career Pulse: 2, 217 career postings in lit support, ediscovery, and paralegal [...]

• Silver Lining of Continuing Education in a Down Economy

  4 Oct 2009 | 6:00 pm

  By Sasha Hefler, President, Masters Conference Recent headline excerpts such as "Shed Corporate Lawyers," "Cut Partners Too," "Firms Still Uncertain How Deep Cuts Will Go," "Furlough," "Retirement Losses," and "Lays Off Associates" can send chills down anyone's spine. The recent economic downturn has forced all legal professionals to look within to find personal strength to outlast and beat the dire situation around us. When the [...]

• Career postings across the internet in September - the other flat month

  14 Sep 2009 | 6:00 pm

  Career Pulse: 2, 481 career postings in lit support, ediscovery, and paralegal specializations aggregated from across the internet, available at PivotalDiscovery.com. Sign in to PivotalDiscovery.com and click My Menu/Career Search to view all of these jobs and apply for the ones that suit you. Do it!Here are the September results of our City Survey of Lit Support, eDiscovery, and Paralegal jobs, compared to last month. SummaryFlat. It [...]

• Double Digit Dips Nationwide in Job Postings in August

  16 Aug 2009 | 6:00 pm

   Double digit dips, but I'm going to chalk this up to the general summer cyclical slowdown.Let's see if next month brings a significant rebound and continues the growth in new career positions that we have seen over the last few months.  Here are the August results of our City Survey of Lit Support, eDiscovery, and Paralegal jobs, compared to last month. Summary> Lit Support: 16% decrease over last month.& [...]

• July Job Postings - The Growth Trend Continues!

  18 Jul 2009 | 6:00 pm

  Monthly Internet Job Postings for 2009        Here are the July results of our City Survey of Lit Support, eDiscovery, and Paralegal jobs, compared to last month. SummaryLit Support job postings surpassed 1,000 for the first time since January! See espec [...]

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  ELECTRONIC DISCOVERY NEWS - Google News

• Mark Howitson, Deputy General Counsel at Facebook, to Deliver Keynote at ... - Reuters

  5 Nov 2009 | 8:04 am

  Mark Howitson, Deputy General Counsel at Facebook, to Deliver Keynote at ReutersThe 2010 conference will offer more than 60 educational sessions for attendees, on topics ranging from electronic discovery and knowledge management, and more »

• IDS Legal Expands US Operations - PR Web (press release)

  4 Nov 2009 | 12:09 am

  IDS Legal Expands US OperationsPR Web (press release)With a full team of trained attorneys, electronic discovery specialists and certified project managers, IDS brings US clients unmatched experience managing and more »

• Electronic Discovery Industry Veteran Terra Buckley Joins Leading Litigation ... - PR Web (press release)

  4 Nov 2009 | 12:09 am

  Electronic Discovery Industry Veteran Terra Buckley Joins Leading Litigation PR Web (press release)Seattle, WA (PRWEB) November 4, 2009 -- TERIS, a leading provider of legal support services and sophisticated Electronic Discovery (eDiscovery) solutions, and more »

• Kroll Ontrack Improves Case Strategy Decision Making and Defensibility of ... - Reuters

  3 Nov 2009 | 7:06 am

  Kroll Ontrack Improves Case Strategy Decision Making and Defensibility of ReutersIn addition to its award-winning suite of software, Kroll Ontrack provides data recovery, advanced search, paper and electronic discovery, and more »

• Fios Appoints New Senior VP of Sales and Expands Presence in Northeastern U.S. ... - Reuters

  3 Nov 2009 | 7:06 am

  Fios Appoints New Senior VP of Sales and Expands Presence in Northeastern U.S. Reuters(Business Wire)-- Fios Inc., a Socha-Gelbmann top 5 provider of electronic discovery services, announced today that Brad Gragert has been promoted to senior and more »

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  Electronic Discovery Blog

• Production of ESI on backup tapes denied where ESI ruled inaccessible and requestor fails to demonstrate good cause

  Larry Wescott

  4 Nov 2009 | 6:06 pm

  Major Tours, Inc. v. Colorel, 2009 U.S. Dist. LEXIS 97554 (D.N.J. Oct. 20, 2009) Requestor sought e-mails from backup tapes and producers’ e-mail archives, while producer sought a protective order, claiming that the e-mails were inaccessible because of the burden and cost to retrieve them. Producer sought to limit discovery to the e-mails on [...]

• CA’s new release of CA Records Manager speeds the e-discovery process

  Larry Wescott

  22 Oct 2009 | 7:07 pm

  In conjunction with the latest release of CA Record Manager, v. 12.6, I had a chance to speak with Mark L. Moerdler, Ph.D, VP of Strategy for CA’s Information Governance business unit. I asked Dr. Moerdler about the electronic discovery functionality in the new release. CA Records Manager offers intertwined discovery and records [...]

• Court hints that it will require re-production of data in native format where paper production is not reasonably usable

  Larry Wescott

  8 Oct 2009 | 7:26 pm

  Covad Communications Co. v. Revonet, Inc., 2009 U.S. Dist. LEXIS 75325 (D.D.C. Aug. 25, 2009) Plaintiff requestor filed a motion to compel compliance with the court’s previous order compelling production. Requestor argued that producer had not complied with the court’s order to produce emails in native format. Producer conceded that a discrepancy existed between [...]

• Adverse inference sanctions granted for spoliation of data on BlackBerries despite their synchronization with company email server

  Larry Wescott

  28 Sep 2009 | 7:01 pm

  Southeastern Mechanical Services, Inc. v. Brody, 2009 U.S. Dist. LEXIS 85430 (M.D. Fla. Aug. 31, 2009) Defendant producers first bought BlackBerries around May 28, 2008 (except for defendant Brody, who elected to use his personal BlackBerry for company purposes). On June 3 and 4, 2008, the BlackBerries were synchronized to the company email server so [...]

• Why EMC Bought Kazeon

  Larry Wescott

  10 Sep 2009 | 7:07 pm

  EMC has been a powerhouse in the information governance world, with its Documentum solution being one of the early answers to the challenge of data archiving. With the acquisition of Kazeon Systems, EMC takes a giant leap forward into the e-discovery arena. According to VP Compliance Solutions Andrew Cohen: Kazeon doesn’t just solve the [...]

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  E-discovery 2.0

• Defensible E-Discovery a Hot Topic at the Masters Conference

  Dean Gonsowski

  29 Oct 2009 | 1:51 pm

  Recently, I moderated a panel at the Masters Conference with John Loveland, Sonya Thornton, and Bruce Markowitz entitled: How Defensible is Your E-Discovery Process? (Click here to read a summary of the panel.) It was well attended, and I think that the draw (aside from the esteemed panel) was that this topic still remains very vexing for most practitioners. Initially, we started at ground zero with the notion that defensibility is in most instances equated with the “reasonableness” standard, which is pervasive across many areas of the EDRM spectrum… from preservation to production. …

• 7th Circuit Launches an Electronic Discovery Pilot Program

  Dean Gonsowski

  15 Oct 2009 | 2:18 pm

  Recently, I attended the Sedona Conference’s annual meeting in Atlanta and, amongst other interesting topics, was the discussion of local rules developments and in particular the Seventh Circuit’s new Electronic Discovery Pilot Program (“Pilot Program”).  The Pilot Program was launched October 1, 2009 and seems to be a model for collaboration, since it was developed by eliciting input from a number of disparate groups: “(a) continuing comments by business leaders and practicing attorneys, regarding the need for reform of the civil justice pretrial discovery process in the United…

• The Federal Rules of California

  Dean Gonsowski

  17 Sep 2009 | 10:38 am

  On of August 14, 2009, the California Judicial Counsel amended their Rules of Court to augment discussion of electronic discovery issues during the meet and confer process. Rule of Court 3.724 was amended to require discussion of “Any issues relating to the discovery of electronically stored information”no later than 30 calendar days before the date set for the initialcase management conference.  The broad language (i.e., “any”) was augmented by eight specific categories that must be expressly discussed: (A) Issues relating to the preservation of discoverable electronically stored…

• EMC Acquires Kazeon For $75 million To Round-Out SourceOne Archiving & E-Discovery Solution

  Aaref Hilaly

  1 Sep 2009 | 2:11 pm

  “Large storage vendor buys small electronic discovery software company to round-out broader corporate initiative.” That was the story in December 2007, when Seagate bought e-discovery company Metalincs for its i365 solution; and, it’s the same story today as EMC announced its acquisition of Kazeon for its SourceOne archiving solution. The terms of the EMC-Kazeon deal were not disclosed, but sources with knowledge of the transaction tell me that the acquisition price is approximately $75 million. That’s slightly less than what Seagate paid for Metalincs ($82 million),…

• When It Comes To E-Discovery, Beware Of IDOL Worship

  Aaref Hilaly

  31 Aug 2009 | 10:49 am

  There is no greater euphemism than the word “strategic”. Whenever a company announces a “strategic acquisition“, you know it paid a ridiculous price which cannot be justified any other way; when someone does a “strategic deal“, it means the economics favor the other party; and, when someone says a product is good for “strategic use”, it means the product does not really work or deliver any value today, but might in the future. So it was with great interest that I read Gartner’s recent research note entitled “Autonomy IDOL for…

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  DennisKennedy.blog

• Is Windows 7 Coming to Lawyers' Computers?

  4 Nov 2009 | 6:30 pm

  Tom Mighell and I have recorded another episode of The Kennedy-Mighell Report podcast and it's now available on the Legal Talk Network and on iTunes, with an RSS feed here. The episode is called "Is Windows 7 Coming to Your Computer?" (show notes website), and it's sponsored by Bill4Time. Here's the episode description: The recent release of Windows 7 hopefully ushers in a new era of peace and stability to the world of PC operating systems. But should lawyers rush out to upgrade now? In this new episode of the Kennedy-Mighell Report, co-hosts Dennis Kennedy and Tom Mighell discuss some of the…

• Recent Microblog Posts - November 1, 2009

  1 Nov 2009 | 7:51 pm

  DennisKennedy.Microblog is a supplement to this blog that can be found on Twitter at @dkennedyblog. I invite you to become a follower. An explanation of the microblog can be found here. Here are recent posts from the microblog: Rick Borstein on using Adobe Acrobat to create email portfolios for small EDD productions - http://bit.ly/3HdZwn RT @allisonshields: 7 Simple Online Mistakes Lawyers Make http://bit.ly/4o1jNd Two new blog posts: Springsteen show in St. Louis; a few available Google Wave invitations - http://bit.ly/7S3x4 & http://bit.ly/2Qr6lm Andres Ferrate: "Intuit’s New QuickBooks…

• Google Wave Invitations and Audience Questions for Podcast

  27 Oct 2009 | 9:11 pm

  I have a few Google Wave invitations that I'd be happy to extend to regular readers of this blog who would like to test out Wave. Send me an email at denniskennedyblog @ gmail.com with your email address and some info about what you'd like to use Google Wave for and I'll see how long they last. I'll especially look favorably on those who include a question for the audience Q & A segment of our next episode of The Kennedy-Mighell Report podcast. The next episode will cover Windows 7 and Tom and I would welcome your questiions about Windows 7 or any other legal tech topic. I'm also interested…

• Born to Run - The Live Version

  27 Oct 2009 | 8:57 pm

  We went to see the Bruce Springsteen show in St. Louis on Sunday. I planned to blog about it last night, but the story of the cancellation of last night’s Kansas City show because of the death of Springsteen’s cousin and road crew manager had just broken and it seemed best to wait a day. In addition to extending my sympathies, I did want to note that I specifically noticed the performance of the road crew during the show – they seemed especially professional and attentive. As we waited for the show to start, I noticed the attention to safety as the crew crawled up the ladders into the…

• Broadening Search: Is Google Enough?

  25 Oct 2009 | 3:35 pm

  My latest technology column for the ABA Journal is out. It's called "Broadening Search" and it focuses on shortcomings people are finding with an over-reliance on Google search and covers some alternatives to Google for certain types of searching. As I like to say, "The next generation of search is arriving, if you know where to find it." In the column, I recommend that you assemble a toolbox of search tools and then choose the best tool for the job at hand. I introduce you to tools you might want to learn more about: from Bing to Twitter Search to specialized search tools to Rollyo to…

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  EDD Update

• An Impromptu Talk with the Hon. Carl J. West

  Perry L. Segal

  6 Nov 2009 | 9:46 am

  This blogger is on the scene 24 hours a day, looking for the tidbits we rarely get.  Here's what happened when, by chance, I found myself in a buffet line this past Wednesday evening with Sedona Conference Advisory Board member, L.A. Superior Court judge, the Hon. Carl J. West.That's true social networking!

• Lawyers Can Ignore Red Flags, But What About E-Discovery Vendors?

  Eric P. Blank

  3 Nov 2009 | 3:33 pm

  U.S. District Court Judge Reggie Walton recently dealt what many in the legal profession hope is the death blow to the Federal Trade Commission’s most recent efforts to extend consumer-protection regulations to attorneys engaged in the practice of law.In an Oct. 29 decision in which he promised to provide a more detailed memorandum opinion by the end of November, Judge Walton stated he did not accept the FTC’s argument that law firms were “creditors” within the meaning of the Fair and Accurate Credit Transactions Act of 2003. As a result, he ruled that law firms aren't required to…

• More Noise About Qualcomm Case

  Monica Bay

  3 Nov 2009 | 5:47 am

  See Lawyers in Discovery Scandal Say Qualcomm Lied (from The Recorder)

• EDD & Po-e-try

  Perry L. Segal

  2 Nov 2009 | 4:14 pm

  It's another Monday, another new month and I'm in a lousy mood, but this little ditty made me smile.  If anyone knows the author, please let me know...Say it with candy,Say it flowers,Say it with gloves or with mink.Say it with diamonds,Say it with pearls,But never say it in ink.

• Ajilon and Fios partner for full-service e-discovery

  Sean Doherty

  2 Nov 2009 | 6:30 am

  How long has it been since you pulled up to a full-service pump or stopped for gas in New Jersey or Oregon? You do remember the concept of full service, right? Service provided by an attendant that saw to all your vehicular needs when you pulled into the station. If you do, then compare the gas station attendant to the new partnership between Ajilon and Fios that have teamed up to provide a full, or "all-inclusive," e-discovery service. The Ajilon-Fios partnership combines Fios’ e-discovery services with Ajilon’s legal staffing and litigation services. Together, they hope to…

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  The eDiscovery Paradigm Shift

• Early Case Assessment (ECA) Should be Emerging as a Best Practice

  3 Nov 2009 | 9:36 am

  With no end in sight to the accellerating volume of Electronically Stored Information (ESI), the associated increase in the amount of eDiscovery work required to prepare for litigation and the resulting dramatic increase in the cost, Early Case Assessment (ECA) is beginning to emerge as a fundemental "Best Practice" in most eDiscovery projects. However, why is it taking so long for the legal industry to embrace?This question was addressed in an article/marketing piece published on November 2, 2009 on the The Metropolitan Coprorate Counsel website by Rich Cohen and Joe Garber titled, "The…

• eDiscovery Tricks and Treats for 2009

  21 Oct 2009 | 7:14 am

  As the beautiful fall days of 2009 slowly drift by and Halloween quickly approaches, I am reminded of some of the tricks and treats facing the eDiscovery market in the remainder of 2009 and into 2010. Therefore, following is my short list of "things" that players, whether users, vendors or consultants, in the eDiscovery market need to face. Some of these items are real "treats". And others may seem like tricks. Overall, its just part of the evolution of the eDiscovery market and therefore I hope that none of these items scare anyone too much!!Its not a trick that the increase in the volume of…

• Participate in an eDiscovery Research Survey

  19 Oct 2009 | 9:27 am

  Radu Stancut and Professor Gerard Becker from the Department of Management adn Information Technology, the School of Continuing and Professional Studies, New York University asked me to invite professionals from the eDiscovery industry to partipicate in an online research study of the effects the changes to the Federal Rules of Civil Procedure (FRCP) have had on the relationship between corporate clients and their respective outside counsel. Click Here to get a link to participate in the study.

• Fulbright's 6th Annual Litigation Trend Survey Report Indicates that It's a Great Time to be an eDiscovery Vendor

  15 Oct 2009 | 2:29 pm

  Fulbright's 6th Annual Litigation Trend Survey Report is out and there are some really exciting trends to report for those of us in the eDiscovery market.Fulbright’s 6th Annual Litigation Trends Survey Report was conducted from May through July by Greenwood Associates, a business research firm in Houston that has produced previous editions of the report. The survey, launched by Fulbright in 2004, is the largest polling of corporate counsel on litigation issues and concerns.Fulbright’s 2009 survey asks companies to consider, among other things, what types of litigation most concerns them,…

• Will California's New Rules for eDiscovery Increase Costs?

  14 Oct 2009 | 8:19 am

  By now, we all know that Califronia Governor Schwarzenegger signed California Assembly Bill 5 into law on June 29th, 2009 dramatically expanding upon the federal requirements for playing nicely in eDiscovery as stated in the Federal Rules of Civil Procedure (FRCP). However, no one knows for sure how this new law will effect the cost.Therefore, this past couple of weeks, I have been investigating the fallout from these new rules and wanted to share some of what I have found.First of all, let's review what Bill 5 actually says. In a september 9, 2009 blog posting on the DCIG Blog titled…

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  Litigation Support Industry: Business News and Information Blog

• Dolan Media Acquires Majority Interest in DiscoverReady

  6 Nov 2009 | 6:37 am

  MINNEAPOLIS--(BUSINESS WIRE)--Nov. 6, 2009-- Dolan Media Company (NYSE: DM), a leading provider of professional services and business information to the legal, financial and real estate sectors in the United States, said today that it acquired an 85% equity interest in DiscoverReady, LLC, a leading provider of outsourced discovery management and fixed-fee document review services to major companies and their counsel.With headquarters in New York City and an office in Charlotte, N.C., DiscoverReady assists major corporations and their counsel in litigation and regulatory matters by providing…

• Avalon Document Services Acquires Exacta Legal

  4 Nov 2009 | 5:13 am

  Buffalo NY based Exacta Legal was acquired by Avalon Document Services.Avalon Document Services announced the acquisition of one of its local competitors, Exacta Legal, in a move that formalized a long-standing relationship between the two litigation support services firms. The companies are part of a growing local presence in the electronic document management and discovery business that includes IKON, D-4 LLC and Toshiba Business Solutions, all with offices serving Buffalo.Though Avalon first looked into acquiring the company last summer, J.P. Midgley, managing partner at Avalon’s Buffalo…

• Integreon to Raise $100 Million to Fund Acquisitions

  28 Oct 2009 | 12:38 pm

  Mumbai, Oct 25 (PTI) Knowledge process outsourcing (KPO) firm Integreon is looking to raise about USD 80-100 million through private equity to fund acquisitions in India and overseas. "We are looking to seek commitment to the level of USD 80-100 million (solely through private equity) and whenever there is an opportunity, we will use that capital for an acquisition," Integreon Chief Operating Officer, Asia Pacific, Lokendra Tomar, told PTI here.He said the company intends to complete fund-raising in the next one or two quarters. Integreon provides outsourced knowledge, legal, and…

• Altep Acquires Chicago Based Integrated eSolutions

  30 Sep 2009 | 4:20 pm

  Altep, Inc of Texas announced it had acquired Chicago based Integrated eSolutions for an undisclosed amount. Altep reports that it acquired a strong presence in the important Chicago legal market, and Integrated eSolutions will benefit from the advanced technology and low cost processing offered by Altep from its El Paso, Texas headquarters.

• RenewData Raises $6.1M in Funding

  27 Sep 2009 | 5:35 pm

  RenewData Corp. has raised a $6.1 million round of funding.Austin-based RenewData, which provides electronic discovery services for law firms and corporations, received the funding from 12 investors, according to a filing with the U.S. Securities and Exchange Commission.CEO Steven Horan couldn’t be reached for comment.RenewData, founded in 2001, employs about 175 workers.In 2006, the company raised $30 million series C round of funding, and in 2007, it raised a $5 million Series D round of funding. It’s two investors have been Baltimore-based ABS Capital Partners and CIBC Capital…

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  e-Discovery Team

• In-House Counsel Sanctioned for Defendant’s Failure to Preserve Evidence

  Ralph Losey

  1 Nov 2009 | 7:15 am

  A recent decision in Orlando imposed sanctions against in-house counsel for failure to preserve evidence, including email and laptops. Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009). Many courts have imposed monetary sanctions against outside counsel of record for their negligence in working with their clients to preserve evidence. See eg., Green v. McClendon, 2009 WL 2496275 (S.D.N.Y. Aug. [...]

• The Non-Cooperation Proclamation

  Ralph Losey

  25 Oct 2009 | 4:26 pm

  Guest Blog by Bill E. Boie,  a Real Litigator from a law firm near you. I want to thank Ralph Losey for the opportunity to respond to the tidal wave of good-intentioned drivel that appears week after week on this blog. Its been going on for two years now. I just can’t take it anymore. All [...]

• Jason R. Baron – The Movie

  Ralph Losey

  18 Oct 2009 | 3:41 pm

  Jason R. Baron is well known as a lawyer, writer, editor, and thought leader on e-discovery search. This blog is a 30 minute video excerpt of  Jason teaching Bill Hamilton and my law school class this week at the University of Florida. Jason’s talk will give you a better understanding of the problem of search, [...]

• Judges Craig Shaffer and Ron Hedges Give Good Advice to All Students of e-Discovery

  Ralph Losey

  11 Oct 2009 | 2:45 pm

  This week’s blog is an exclusive 15 minute, must-see video by two judges, Ronald J. Hedges and Craig B. Shaffer. Craig Shaffer (shown left) is a United States Magistrate Judge in Colorado. Ron Hedges is a former U.S. Magistrate Judge in New Jersey (1986-2007). Judges Hedges and Shaffer give important advice to all students of e-discovery, [...]

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  Electronic Discovery Navigator

• Stay E-Discovery Pending Motions to Dismiss

  Michael J. Eng

  15 Oct 2009 | 12:16 am

  Stay E-Discovery Pending Motions to Dismiss"The proliferation of e-discovery in civil litigation has radically altered the cost/benefit calculus of initiating and defending actions, particularly for large organizations with terabytes[FOOTNOTE 1] of potentially relevant electronically stored information. The staggering price tag for harvesting, reviewing and producing vast amounts of electronic data has immeasurably increased the in terrorem effect of meritless litigation.This article proposes a simple measure to rebalance the risks and rewards for parties involved in civil litigation,…

• Enterprise Search: Rely On Strategy, Not Keywords

  Michael J. Eng

  14 Oct 2009 | 12:18 am

  Enterprise Search: Rely On Strategy, Not Keywords"Enterprise search is all about the ability to find an organization’s electronic information wherever, or however, it may be stored. Much as an Internet search tool is designed to search the World Wide Web for relevant websites, enterprise search is intended to give a company’s employees the ability to recall key information from internal documents, emails, databases, and more. Sounds simple, right?  Unfortunately, enterprise search is anything but simple.“Many organizations have attempted to provide enterprise search by relying on…

• Hosted Cloud-Based Email Management, Offered by Mimecast

  Michael J. Eng

  14 Sep 2009 | 12:12 am

  Hosted Cloud-Based Email Management, Offered by Mimecast"The Mimecast email management specialist delivering SaaS email archiving, continuity, security and control, has made a significant upgrade to its flagship Unified Email Management platform.With the launch of new functionality to expand the scope of its cloud-based services. The new offering provides the advanced features and capabilities of on-premise email solutions in the flexible, cost-effective SaaS delivery model.The new functionality helps businesses address increasing industry regulations and concerns around data retention…

• E-anxiety at record levels: analyst

  Michael J. Eng

  10 Sep 2009 | 10:12 am

  E-anxiety at record levels: analyst"Barely 20 percent of records management decision makers report they are "very confident" that, if challenged, their organisation could demonstrate their electronically stored information (ESI) is accurate, accessible, and trustworthy.Effective records and retention management programs play a big role in mitigating legal risk caused by more regulations and legal discovery of ESI.In 2010, more than half of records management (RM) stakeholders expect to expand their technology deployments. Yet stakeholders also describe a changing and complex…

• Benefits of E-mail Archiving

  Michael J. Eng

  19 Aug 2009 | 12:17 am

  Benefits of E-mail Archiving"Recent research has shown that even though e-mail archiving was once thought of as being used only by public companies or financial services firms, proper e-mail archiving practices can benefit businesses of all sizes and industries. More and more businesses are now using archiving for storage management, to monitor employee communications and for disaster recovery. The question now is, “Can your business afford to be without an archiving system?” According to Burlington, Mass.-based 123Together.com, there are many benefits and uses for e-mail…

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  ediscoveryinfo

• The Masters Conference 2009

  Brett Burney

  13 Oct 2009 | 4:01 am

  I am attending The Masters Conference today (October 13, 2009) in Washington, D.C. I’ve attended the conference for the past two years and blogged about it both times. The highlights from last year included the keynote address from Judge John Facciola and a fascinating panel I referred to as “the e-discovery three” made up of Judge Facciola, Judge Paul Grimm, and Judge Ronald Hedges. Organizer Sasha Hefler and her team have put together another great conference this year expanding the focus a bit from simply e-discovery to a broader risk management discussion. I will blog a…

• Anecdotes and Lessons Learned in Corporate E-Discovery

  Brett Burney

  9 Sep 2009 | 3:11 am

  I am thrilled to be participating in a live Webinar today with Tom O’Connor from the Legal Electronic Document Institute, co-hosted by Orange Legal Technologies and ILTA. Anecdotes and Lessons Rob Robinson of Orange Legal Technologies has invited Tom and me to share a few stories that we’ve collected throughout our careers, and provide some handy tips and “lessons learned.” I always enjoy visiting with Tom, so this promises to be a blast. (If you don’t already follow Rob on Twitter and his excellent “Unfiltered Orange” e-discovery update service,…

• ABA TECHSHOW 2009: “Litigation Hold Q&A”

  Brett Burney

  8 Apr 2009 | 2:33 am

  After an Expo Hall break, both Craig Ball and Patrick Oot returned for a fabulous roundtable session where they invited the audience to ask questions and even pose specific scenarios from their own projects for collective discussion. This was an amazing opportunity to get input from two well-respected luminaries in the e-discovery space and I frankly thought that more folks would have attended. On the other hand  there were some othere terrific sessions in the same slot (such as the Keyword Search session with Jason Baron and Judge Rosenbaum). I can frankly listen to both of these…

• ABA TECHSHOW 2009: “Planning and Implementing the Litigation Hold”

  Brett Burney

  2 Apr 2009 | 7:53 pm

  UPDATED April 8, 2009: I have subsequently learned that Patrick Oot works for a subsidiary of “Verizon Wireless” and have changed his company’s name to simply “Verizon.” The first session I attended at ABA TECHSHOW was “Assessing the Big Picture: Planning and Implementing the Litigation Hold” ably handled by the mallifluent Craig Ball and the dapper Patrick Oot (of Verizon). Both Craig and Patrick are seasoned speakers in this space and the session flowed smoothly. I’ve elected to share snippets of their conversation below: Patrick Oot:…

• IT’S NOT TOO LATE FOR TECHSHOW!!

  Brett Burney

  1 Apr 2009 | 2:18 pm

  If you’re within a few hours driving distance of Chicago, you must consider attending a day or two of the ABA TECHSHOW happening tomorrow through Saturday (April 2-4). You say, “it’s too expensive – I have no money to spend on conferences.” I say, “if you have questions about using technology in your law practice, you cannot afford to miss TECHSHOW since it is the most comprehensive collection of legal tech gurus and vendors in the country. You’ll learn more about technology just walking through the halls and asking questions than you will spending a…

• 
  EDD Blog Online

• FTC expected to take antitrust action against Intel

  6 Nov 2009 | 5:55 am

  Feds said to be 'devoting tremendous time, effort' to building a caseWith New York filing antitrust charges against Intel Corp. this week, industry watchers say the Federal Trade Commission will join the fray against the chip maker, maybe even before the end of the year.N.Y. Attorney General Andrew Cuomo leveled the state's suit against Intel on Wednesday, adding one more log on the legal pile for Intel, which has been dealing with related legal issues in the U.S., Europe, Japan and Korea.This latest suit piggybacks on a lawsuit filed by Intel's biggest rival, AMD, in U.S. District Court in…

• Employee Leaving? Are You Sure Your Data Isn't Going With Him?

  5 Nov 2009 | 2:36 pm

  You are familiar with the scenario: one of your employees leaves to go work for a competitor, but before he goes, he copies confidential information for use at his new job. While the scenario may not have changed much, the means of obtaining the information has.The days of photocopying documents and sneaking out the door with hard copies are long gone. Most information is now available electronically, and large amounts of data can be copied efficiently and discreetly via computer. The good news is that in many instances, accessing information electronically leaves a distinct trail for a…

• Microsoft raises cloud computing concerns

  5 Nov 2009 | 11:54 am

  Packaged software powerhouse Microsoft on Thursday released a paper outlining privacy concerns businesses should consider prior to leaping into the computing "cloud."Shifting to software being hosted online as services in the Internet "cloud" brings enormous economic potential as well as serious questions about protecting data, according to Microsoft.Companies should know where their data is sitting in the cloud and be guaranteed that they dictate who accesses it and when, according to Microsoft."We want to take the initiative in regard to our position on privacy in the cloud," Microsoft…

• Archiving to the cloud

  5 Nov 2009 | 7:28 am

  Archiving to the cloudThe anticipated new Companies Act and the release of the King III report represent milestones in the evolution of corporate governance in SA. They also underline the need for sound governance practices and highlight the numerous practical benefits that organisations can realise if they integrate such practices into their operational processes.One such process is accurate, reliable and secure record keeping, which is expected to be enshrined in new 'e-discovery' laws in the Act. This comes as the overall level of digital information growth spirals to more than 50%…

• Attorney-Client Privilege in Work E-Mails

  5 Nov 2009 | 5:44 am

  There are now several decisions determining whether employees can retain attorney-client privilege for e-mails sent to their lawyers using their employer-provided e-mail addresses and computers -- reaching apparently inconsistent conclusions. This article compares and seeks to reconcile the cases, and to assist lawyers in advising clients on how to avoid the risks that such communications pose. The first of these cases, Scott v. Beth Israel Medical Center Inc., 2007 WL 3053351 (N.Y. Sup. Oct. 17, 2007), was previously featured in an article in this column ("Abusive Litigation Tactics and Loss…

• 
  Bag and Baggage

• Supernova Early Registration Ends Friday (Wave Invites Too!)

  Denise Howell

  12 Oct 2009 | 9:24 am

  Supernova is one of the best tech conferences I've attended or been involved with.  I'm somewhat overwhelmed to be in the company of this year's phenomenal roster of speakers, and the attendees always make the conference a don't-miss event.  In addition to its usual interesting and current discussions, this year Supernova features an entire legal track and is offering CLE credit for lawyers.  (Kevin Werbach, Supernova's founder and driving force, is one of the very first blawgers, co-led the review of the FCC for the Obama-Biden Transition Project, and will join us on TWiL this…

• Peer Forum On The Working Web And Enterprise 2.0

  Denise Howell

  13 Sep 2009 | 11:11 am

  I'll be speaking Thursday at 11:00 a.m. PDT at Qualcomm in San Diego to the 2.0 Council: a forum of BigCos where members share ideas about how to innovate and adapt.  I'm a big fan of companies working together in this way, and am pleased to have the chance to work with this group.  If your company could benefit from such a forum — and let's face it, most could — you might want to look into it further.  Here's the a copy of the email invitation/agenda for this week's event at Qualcomm: So far 3M, American Express, Clorox, Chevron, Deloitte, GE, General Mills, ITT,…

• 'The Most Dangerous Place In The House' Now Makes Sense

  Denise Howell

  12 Sep 2009 | 8:17 pm

  bathtubOriginally uploaded by doublelibra Parent (from the closet, getting dressed): Are you up here? Where are you playing? Child (amidst various regiments of toys): I'm here. In the Bathtub of Doom. Parent: Unh huh; 'course you are.

• This WEEK in LAW: Now Weekly!

  Denise Howell

  11 Sep 2009 | 9:13 am

  This Week in Law with Denise HowellOriginally uploaded by insidetwit The most frequent comment I get about TWiL (besides either "I love it!" or "Who needs Ambien?") is:  "Why isn't it weekly?"  Starting today, it is.  You can catch TWiL at 11:00 a.m. Pacific/1:00 Central/2:00 Eastern on TWiT.tv, or on Stickam or UStream. Chat with us real-time at irc.twit.tv or on FriendFeed.  The recorded/podcast version of the show will be available in your favorite podcatcher (such as iTunes) within a few days.  More ways to subscribe and listen here. Today's…

• Moms In Capes Bust Healthcare Reform Myths

  Denise Howell

  22 Aug 2009 | 12:20 pm

  Courtesy of MomsRising:

• 
  Ride The Lightning

• Seventh Circuit's Electronic Discovery Pilot Program

  Sharon D. Nelson, Esq.

  4 Nov 2009 | 12:09 pm

  While watching the Sedona Conference webinar on the Cooperation Proclamation today, it struck me that I had never talked in Ride the Lightning about the Seventh Circuit's Electronic Discovery Pilot Program. This program, whose first phase is October 1, 2009-May 1, 2010 was developed in response to the obvious need for reform of the civil pretrial discovery process. If it was bad before, and it was, it is much worse now with the advent of e-discovery. The august group which developed the program composed a set of Principles Relating to the Discovery of Electronically Stored Information.

• Sedona Conference Webinar on the First Year of the Cooperation Proclamation

  Sharon D. Nelson, Esq.

  3 Nov 2009 | 11:06 am

  Anyone interested in e-discovery may want to attend the next Sedona Conference “Voices From the Desert” webinar focusing on the first year of the existence of the Cooperation Proclamation. The seminar will be held on Wednesday, November 4th at 1 p.m. Eastern and you may register here: http://www.thesedonaconference.org/wgsa_html The Cooperation Proclamation was intended to stop escalating e-discovery costs which have threatened to undermine the civil justice system. Since its issuance, nearly 100 state and federal judges have signed on as endorsers of the Proclamation. It has also been…

• Pizza party supporting the eDiscovery Institute on November 12

  Sharon D. Nelson, Esq.

  2 Nov 2009 | 8:02 am

  A guest post submitted by Joe Howie on behalf of the eDiscovery Institute: "I’ve enjoyed reading your blog and thought you might want to blog about the upcoming 5th Annual Pizza After Party in support of the eDiscovery Institute to be held in two weeks – Nov. 12, following that day’s activities at the Georgetown University Law Center Advanced eDiscovery Institute CLE. The Institute is a 501(c)(3) organization doing some important work in researching solutions to problems with ediscovery processing and costs, and the Pizza After Dinner in a fund-raiser in support of their mission.

• Arizona: Public Records Law Requires Disclosure of Metadata

  Sharon D. Nelson, Esq.

  30 Oct 2009 | 7:08 am

  To my knowledge, this is the first time that a state Supreme Court has ruled that its public records law requires the disclosure of metadata. The Supreme Court of Arizona issued this opinion on October 29, 2009 in the Lake v. City of Phoenix. Hat tip to Olivier Long. E-mail: snelson@senseient.com    Phone: 703-359-0700 www.senseient.com http://twitter.com/sharonnelsonesq

• The Future of Search: Free CLE in McLean, Virginia

  Sharon D. Nelson, Esq.

  28 Oct 2009 | 7:00 am

  Our friend and colleague Jason Baron, the Director of LItigation for the National Archives and Records Administration, wrote me recently to let me know about a free CLE that sounds terrific. It is called "E-disovery: The Future of Search" and will be hosted by Capital One on November 10th at their corporate headquarters in McLean, Virginia. The stellar faculty includes Chief Magistrate Judge Paul Grimm, Judge Andrew J. Peck, Craig Ball, Ralph Losey, Patrick Oot and Jason Baron. There will be discussion of proper search techniques, the intersection of searching and ethics, the…

• 
  LAWTECH GURU BLOG by Jeff Beard

• Bring eDiscovery In-house While Avoiding Pitfalls

  jjbeard

  3 Nov 2009 | 4:00 pm

  InsideCounsel offers some tips for those interested in bringing eDiscovery in-house while avoiding pitfalls, including some comments from yours truly. Check out "Inside Job" in InsideCounsel's November issue, published in the monthly Technology section. It's truly a challenging time for companies, but it's doable with the appropriate vision and approach.  Many GC's and AGC's are under significant pressure to reduce their litigation and eDiscovery spend.  Along with other approaches, more and more this usually includes looking inward to insource and automate repeatable and defensible…

• 10 Tips for Safe Social Networking for Attorneys & Experts

  jjbeard

  26 Oct 2009 | 5:00 pm

  LinkedIn. Facebook. Twitter. Blogs.  Bob Ambrogi, always on the forefront of web technologies and their impact, recently published two helpful "Top 10" articles - one each for attorneys and experts, with some great tips for those navigating online communities for networking and socializing. One such tip is to separate professional and personal contacts into different networks.  However, don't fall prey to the myth of anonymity or that restricted social networks will necessarily protect you.  It isn't always clear which content is restricted to just your approved network…

• Legal EHR Summit: Thoughts & Impressions, Part 1

  jjbeard

  17 Aug 2009 | 5:00 pm

  From the many presentations and discussions at the AHIMA sponsored Legal EHR Summit in Chicago, it's clear that healthcare records and records management in the U.S. are changing.  (In case you were wondering, "EHR" = Electronic Health Record).  In George Paul's (Lewis & Roca) keynote, he shared how the U.S. government is pouring money into healthcare records via incentives in the ARRA and HITECH acts.  Several presenters referred to these changes as the biggest change to healthcare privacy and security rules since HIPAA was enacted.  Indeed, even as we discussed these…

• Blogging at the Legal EHR Summit in Chicago Next Week

  jjbeard

  12 Aug 2009 | 5:00 pm

  What do e-Iatrogenesis, HIT, CPOE, EHR, and eDiscovery all have in common?  They're just some of the many medicolegal and technological terms and issues being discussed next week at the Legal EHR Summit at the Chicago Marriott Downtown.  The summit is organized by AHIMA, the American Health Information Management Association. As our nation's healthcare industry becomes even more computerized and integrated, partly due to ARRA (the American Recovery and Reinvestment Act of 2009), the intersection of healthcare, electronic records, records management, and legal issues (including…

• “Moldy” Twitter Post Draws Lawsuit

  jjbeard

  4 Aug 2009 | 5:00 pm

  Yet another twitter post, this one by a Chicago tenant referring to an allegedly moldy apartment, draws a $50,000 lawsuit against the Twitterer for defamation.  As the tweet was reposted within Twitter and around the world, it provides a wealth of evidence as to not only the post itself, but its far reach across the Internet. Both sides are going to lose in this suit, though.  According to the article, the original poster could very well lose the suit.  Even if she ultimately prevails, it's going to cost her dearly in defense fees.  Likewise, the realty management firm's…

• 
  The Evince Blog

• Recommendation: Virtual Consumerism: Case Habbo Hotel

  Chris Pierre

  31 Oct 2009 | 12:16 pm

  Occasionally when I’m speaking to another investigator about possible illicit activities that can occur in virtual item markets or RMT I get the question “but why would anybody pay money for a virtual item?”. My usual answer is “well, in a sense it doesn’t matter why, the point is that they do and that is why there is a market for these things.” The truth is that I didn’t really have a great answer, but I’m starting finding some sources that have provided some very good insight. The first place I would suggest any reader to stop is an article on…

• Testing…testing…

  Chris Pierre

  14 Oct 2009 | 7:51 pm

  Here is the problem I’m trying to solve. Lately I have had numerous cases where evidence is found in online video and in audio podcasts. I needed a way to archive and analyze this material, at least the verbal part of it. My proposed solution is to use a speech to text software to transcribe the audio portion of the video (or the podcast…obviously) to text. Hopefully this will allow me to provide my clients with text to accompany the video or audio recording. I can also take portions of the transcript and use it in my reports/briefs, etc. Furthermore where certain keywords are of…

• Anti-Corruption Advice

  Chris Pierre

  10 Oct 2009 | 11:17 am

  Corporations wishing to examine their current anti-corruption policies may want to review the latest issue of Management Ethics, produced by the Canadian Centre for Ethics and Corporate Policy. The cover story reminds readers that “bribing foreign public officials in order to obtain or retain an advantage in the course of business was made a criminal offence on February 14, 1999″. The six “test” questions are simple but important considerations for any corporation that does business with Government, anywhere. I would encourage you to give this one page article a read.

• UK Court Serves Injunction Via Twitter

  Chris Pierre

  1 Oct 2009 | 10:04 pm

  In December of 2008 an Australian court allowed the service of legal papers through Facebook. It looks like the trend has now extended to Twitter. According to an article in Reuters a UK court has served an injunction to stop a blogger from impersonating a lawyer in the UK. The “tweetist” remains anonymous at this time, which is why the court determined that this was the best venue to reach him or her. With Facebook you have a significant amount of evidence to indicate that the person that you are intending to serve is the person behind the profile. You may have identifiers such…

• Welcome Fall 2009 Students

  Chris Pierre

  12 Sep 2009 | 9:00 am

  A brief welcome to the students of the Internet Research as an Investigative Tool course at Algonquin College. I am very excited to have the opportunity to work with you all over the next 10 weeks and look forward to the new ideas and approaches that inevitably surface from classes like these. Chris

• 
  JD Supra Electronic Discovery

• Right Sourcing in Electronic Discovery

  Rob Robinson

  6 Nov 2009 | 9:25 pm

  Contributor: Rob Robinson [View: Profile | Documents]

• The Titan Killer: Mandatory Exclusion under Federal Rule of Civil Procedure Rule 37(c)(1)

  Joshua Gilliland

  4 Nov 2009 | 12:45 am

  Contributor: Joshua Gilliland [View: Profile | Documents]

• A Helicopter Parent’s Weapon of Choice: Facebook Photos

  Joshua Gilliland

  4 Nov 2009 | 12:41 am

  Contributor: Joshua Gilliland [View: Profile | Documents]

• Be careful out there. Walking across the minefield that is social media.

  Jason L. Molder

  28 Oct 2009 | 7:56 am

  Contributor: Jason L. Molder [View: Profile | Documents]

• Electronic Discovery Provider Orange Legal Technologies Announces Quarter over Quarter Revenue Growth of 25% during the Third Quarter of 2009

  Rob Robinson

  19 Oct 2009 | 3:03 am

  Contributor: Rob Robinson [View: Profile | Documents]

• 
  docNative Paradigm Blog

• Joint Post With Ron Friedmann On The Best Approach to EDD Search

  Tom O'Connor

  29 Oct 2009 | 8:42 pm

  This is a two-part, joint blog post.  As Ron Friedmann explains “I recently spent some time looking at Xerox’s new CategoriX EDD tool and writing a post about it.  After reading it, I realized it would be helpful to set my discussion in a broader context. So I turned to my friend and e-discovery expert Tom O’Connor and author of the docNative Paradigm Blog . What follows is a combined post; we wrote each section individually and are cross posting this. “ Xerox CategoriX and Musings on the Best Approach to EDD Search by Ron Friedmann In early October, Xerox Litigation…

• Kellner Say Cooperation Now The Law in 7th Circuit

  Tom O'Connor

  26 Oct 2009 | 8:43 am

  The Seventh Circuit Court of Appeals (which  covers Illinois, Indiana, and Wisconsin and all  the federal district and  appellate courts therein, including of course Chicago) has begun an Electronic Discovery Pilot Program. It was, according to the report itself “Developed as a result of (a) continuing comments by business leaders and practicing attorneys, regarding the need for reform of the civil justice pretrial discovery process in the United States,(b) the release of the March 11, 2009 Final Report on the Joint Project of the American College of Trial Lawyers Task Force on Discovery…

• Quick Report on ECA from The Masters Conference

  Tom O'Connor

  14 Oct 2009 | 12:31 pm

  Ron Friedmann sat in on a session at The Masters Conference called Early Case Assessment: Looking to the Future – From Early Assessment to Early Awareness. His notes included the following key points: What is ECA? It’s getting an early look at the facts of your case and at the scope of discovery. Where are the immediate savings; how is this different than past? It’s not a tool per se, it’s a method (a process, the right people, and technology). ECA does not generate savings very early – it’s not about upfront savings. You have to invest at the outset to learn about the…

• A Few Recent Happenings in the ED World

  Tom O'Connor

  12 Oct 2009 | 9:01 am

  Here’s several interesting topics that have developed in the last week:  The discussion about ED standards that I broached in my post of Sept. 21 continues to percolate. The most recent take on the debate is a posting on EDD Update by Seattle lawyer and technologist Eric Blank who raises some interesting points about data exchange protocols, capture rates and the use of consultants. You can expect those points, and many others, to be discussed at The Master Conference this week in Washington, D.C.  Chuck Kellner will be there speaking on Information Cooperation, a subject on which Chuck…

• Project Management Redux

  Tom O'Connor

  3 Oct 2009 | 7:22 am

  The most recent Socha-Gelbman survey stated that “project management has grown in prominence as a means to minimize missteps and deliver more predictable, reliable, and cost-effective results.” And PM is certainly getting attention these days thanks to a good discussion at The Delaware E-Discovery Report and the results of a survey released by Applied discovery. But the discussions are not all positive. In the Delaware ED Report, Paul Easton said, “implementing project management software does not equal implementing project management” and the AD survey found that although 87%…

• 
  Gabe's Guide to the e-Discovery Universe

• Clearwell Annouces Top 5 Trends for 2010, Lists 6

  Gabe Acevedo

  6 Nov 2009 | 6:21 am

  Here are “Clearwell’s Top 5 e-discovery Trends for 2010″ via CMSWire: 1. Early case assessment (ECA) 2. Technology-Lead Initiatives 3. eDiscovery gets Project Managed 4. Data Analytics Set Benchmarks 5. A Single eDiscovery Platform Be sure to click the link above to find out their six e-discovery trend for 2010.

• Breaking News: Being Proactive on E-Discovery Can Save Your Company Money

  Gabe Acevedo

  6 Nov 2009 | 5:32 am

  Good interview on early case assessment with Benton Armstrong and Andy Ruckman of Deloitte. From Metropolitan Corporate Counsel: Editor: Tell us about the costly results of the repeated export of information in conventional e-discovery systems. Armstrong/Ruckman: The volume and complexity of electronic data that is being stored presents challenges and great opportunities to reduce e-discovery costs and to mine that data for valuable business information. Today conventional e-discovery systems often require collecting large volumes of data from data stores throughout the organization for…

• Featured Review Software: Lexis Nexis Applied Discovery

  Gabe Acevedo

  6 Nov 2009 | 4:00 am

  From their website: We designed our award-winning Online Review Application (“ORA”) from the ground up to be intuitive and facilitate efficient, powerful review. Its “point-and-click” functionality enables even the least technical reviewer to become an electronic discovery pro with less than an hour of training. The ORA builds in functionality to support virtually all your review needs, including the ability to search, review (including metadata), tag/code, annotate, redact, Bates number, and even batch-produce/print documents. In addition to allowing review of PDFs and the natives of…

• LEGALTECH New York Has Just Added a New Friend on Facebook

  Gabe Acevedo

  5 Nov 2009 | 8:33 am

  The growing relationship of e-discovery and social media continues… From Reuters: Mark S. Howitson, deputy general counsel of Facebook, will deliver the day two keynote address at ALM`s upcoming LegalTech New York 2010, the nation`s largest and most prestigious legal technology conference and trade show. LegalTech New York will take place February 1-3 at the Hilton Hotel in New York City. Complete conference information is available at www.legaltechshow.com…

• Another reason why using your work email for personal reasons is perfectly safe…

  Gabe Acevedo

  5 Nov 2009 | 6:22 am

  Good article on employee email and attorney-client privilege from Anthony E. Davis in the New York Law Journal: There are now several decisions determining whether employees can retain attorney-client privilege for e-mails sent to their lawyers using their employer-provided e-mail addresses and computers — reaching apparently inconsistent conclusions. This article compares and seeks to reconcile the cases, and to assist lawyers in advising clients on how to avoid the risks that such communications pose. The first of these cases, Scott v. Beth Israel Medical Center Inc., 2007 WL 3053351…

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  CA on Information Governance

• An Information Governance Observation

  Adam Dworkin

  6 Nov 2009 | 12:05 pm

  We used to write letters. We used to send faxes. Even people actually speaking to each other on the phone have been impacted by email and instant messaging. Anyone who lives even the smallest semblance of a digital life, sending just a few emails to friends, to the folks who are always connected, leave their tracks all over the digital landscape. Nowhere is this more a fact then within companies. The digital footprints users leave behind may present significant risk to an organization. When people created only physical documents the governance of these pieces of paper presented a relatively…

• The Challenge of eDiscovery and Searching ESI Content Out on File Systems

  Mike Scarola

  5 Nov 2009 | 10:01 am

  With the changes to the Federal Rules of Civil Procedure pertaining to ESI or Electronically Stored Content, the burden of producing information during the Discovery phase has gotten even tougher. Though the emphasis and majority of information searched and produced will comprise primarily of email content, don't forget that ESI means file system data as well. Not only will Legal teams have to parse through, hold and produce traditional email content, but also start searching home drives and laptop hard drives for Word docs, spreadsheets, PDF's, etc.... And therein lies the crux of…

• Data Loss Prevention Compliments Information Governance

  Greg Clark

  4 Nov 2009 | 10:53 am

  Over the past year, market and customer requirements around data security and information governance have been converging.  By its very nature, data loss prevention (DLP) techniques for applying and enforcing policy for data at rest and in motion compliment and support a myriad of good information governance practices.   For instance, in the email archiving space, we’ve long had policies and analysis capabilities that helped organizations govern information to remain in compliance (regulatory or otherwise). With growing volumes of information flowing in and out of the enterprise…

• ARMA 2009 Recap

  Galina Datskovsky

  29 Oct 2009 | 1:31 pm

• CA Information Governance Talks Privacy

  Reed Irvin

  26 Oct 2009 | 2:15 am

• 
  E-Discovery Forum - E-Discovery News

• Attorney-Client Privilege in Work E-Mails - Electronic Discovery

  Electronic Discovery News Feed

  5 Nov 2009 | 11:45 am

  Attorney-Client Privilege in Work E-Mails There are now several decisions determining whether employees can retain attorney-client privilege for e-mails sent to their lawyers using their employer-provided e-mail addresses and computers -- reaching apparently inconsistent conclusions. This article compares and seeks to reconcile the cases, and to assist lawyers in advising clients on how to avoid the risks that such communications pose. The first of these cases, Scott v. Beth Israel Medical Center Inc., 2007 WL 3053351 (N.Y. Sup. Oct. 17, 2007), was previously featured in an article in this…

• Commentary: Shift happens: Cloud computing (and why you should care) - Electronic Dis

  Electronic Discovery News Feed

  5 Nov 2009 | 11:45 am

  Commentary: Shift happens: Cloud computing (and why you should care) While most technologies advance the state of best practices incrementally, there are some advances that are genuine game changers. These changes create a paradigm shift that rattles the accepted norms of how computing systems are created and deployed. Smart phones, 3G and cheap laptops have all changed the way we work each day. Now cloud computing seems poised to have a seismic impact on the perceptions and expectations of any individual or business using any sort of software. While the entire scope of what comprises…

• Case Study: E-Mail as a Managed Service - Electronic Discovery

  Electronic Discovery News Feed

  5 Nov 2009 | 11:45 am

  Case Study: E-Mail as a Managed Service Law firms have a reputation for being document-intensive, and Miami-based Stearns Weaver Miller Weissler Alhadeff & Sitterson is no exception. Over the last several years, this full-service firm has worked diligently at becoming a paperless operation, and more than 95 percent of everything it does now is computer-based, says Eugene Cabreja, IT director at Stearns Weaver. Until recently, however, Stearns Weaver's e-mail system was hobbling in their digital transition. The firm was using an outdated Novell GroupWise installation that was buckling…

• Lawyers Can Ignore Red Flags, But What About E-Discovery Vendors? - Electronic Discov

  Electronic Discovery News Feed

  5 Nov 2009 | 11:45 am

  Lawyers Can Ignore Red Flags, But What About E-Discovery Vendors? U.S. District Court Judge Reggie Walton recently dealt what many in the legal profession hope is the death blow to the Federal Trade Commissionâ??s most recent efforts to extend consumer-protection regulations to attorneys engaged in the practice of law. In an Oct. 29 decision in which he promised to provide a more detailed memorandum opinion by the end of November, Judge Walton stated he did not accept the FTCâ??s argument that law firms were â??creditorsâ?? within the meaning of the Fair and Accurate Credit Transactions…

• CIOs are trying to persuade their reluctant bosses to consider more cost-efficient, c

  Electronic Discovery News Feed

  5 Nov 2009 | 11:45 am

  CIOs are trying to persuade their reluctant bosses to consider more cost-efficient, cutting-edge tools Like a bad Hollywood thriller, law firm technology has a villain that's all too easy to spot. The economic downturn has -- to no one's surprise -- taken a toll on the coffers of law firm IT departments: Fully one-third of the 110 Am Law 200 firms participating in our fourteenth annual survey of technology directors reported that their capital budgets were down more than 10 percent this year. Staffing levels and salaries have taken hits, and equipment purchases and software upgrades have been…

• 
  e-Discovery Insights

• A Rare (Your)Honor

  Perry L. Segal

  6 Nov 2009 | 9:16 am

  So, there I was Wednesday evening at my monthly L.A. County Bar Association Litigation Inn of Court gathering.  I'm standing in the buffet line and who ends up standing next to me?  The Honorable Carl J. West!  For those of you who have followed this blog since its inception (that would be all of you, right?), you may recall I wrote about judge West's panel at Legalworks.Of course, I did the only thing one would do in a situation like this; I forced him to talk to me and give me a few tidbits for you!  Judge West graciously obliged, and told me he was a bit surprised at how he became…

• e-Discovery LOL: Ode to Discovery

  Perry L. Segal

  2 Nov 2009 | 7:40 am

  A poem for a Monday morning (author unknown)...Say it with candy,Say it flowers,Say it with gloves or with mink.Say it with diamonds,Say it with pearls,But never say it in ink.

• Case Got Your Tongue? Arrest, Lies & Videotape

  Perry L. Segal

  30 Oct 2009 | 6:03 pm

  Hat tip to my colleague William Hoffman...I thought I wasn't going to find anything relevant for my usual Friday post, but Peschel v. City of Missoula, 2009 WL 3364460 (D. Mont. Oct. 15, 2009)has it all; alleged crimes, police brutality and missing video from a police cruiser.  I'm pressed for time, so I ported you over to K&L Gates for a look at the details, but here are Mr. Hoffman's comments:Finding that a video of Peschel’s arrest was lost as a result of the city’s recklessness, the court granted defendant’s motion for sanctions and “designat[ed], for purposes of the case,…

• Run for the Border!

  Perry L. Segal

  28 Oct 2009 | 9:15 am

  For those who travel to and from the United States, I thought it would be useful to re-visit the revised DHS guidelines announced August 27, 2009.  This article from the Canadian Bar Association sums it up very well.  To quote them directly:"U.S. Customs officers have the authority to search and detain any device capable of storing electronic information for any reason; they can examine the electronic device without the traveller present; they can copy from the device or “detain” the device; and they do not need to obtain the traveller’s consent to conduct the search. “Electronic…

• Check this Blog Hourly Unless in Court, in Tunnel or Asleep!!!

  Perry L. Segal

  26 Oct 2009 | 6:19 am

  Like it or not, our employers expect us to be 'available' at all hours, as this article indicates.  A junior associate was chastised for not reading his email after-hours and missing an instruction from a senior partner.This won't be a popular view, but I agree with the senior partner.  This is not an attorney-specific issue.  When I was in IT, we were on-call 7x24.  In fact, in some of the companies I supported, all of our systems were automated, so if a system was down for more than five minutes, it paged us; morning, noon or night (unfortunately, it was usually the middle of the…

• 
  Bow Tie Law's Blog

• BlackBerry Boo-Boos: How to Get the Judge to Text You Adverse Inference Instructions

  bowtielaw

  5 Nov 2009 | 9:25 am

  Southwestern Mechanical Services, Inc., v Brody, et al., is the story of how wiping the data off your BlackBerry can result with the Court having you drawn and quartered.  Not with horses, but with adverse inference instructions. In a trade secret case where Individual Defendants left the Plaintiff’s company and went to the Defendant’s company, issues with BlackBerry data spoliation exploded like a fireball in the night.  Southwestern Mechanical Services, Inc., v Brody, et al., 2009 U.S. Dist. Lexis 85430 (August 2009).  There is an “app” for that sort of spoliation called adverse…

• In the Eye of the Beholder: The Relevance of Facebook Evidence

  bowtielaw

  2 Nov 2009 | 7:41 am

  Social networking litigation will be written by the end users of those websites.  In Bass v Miss Porter’s School, the Defendant school sought from the Plaintiff discovery of her alleged teasing and taunting on Facebook.  Bass v. Miss Porter’s Sch., 2009 U.S. Dist. LEXIS 99916 (D. Conn. Oct. 27, 2009). The Plaintiff objected to the Facebook discovery request on the following grounds: 1) The Facebook information was “irrelevant and immaterial” and was “not reasonably calculated to lead to the discovery of admissible evidence;” and 2) “[Plaintiff's] ability to produce…

• If It is Lost, It’s Not in Your Possession, Custody or Control under Rule 26(a)

  bowtielaw

  30 Oct 2009 | 4:31 pm

  In a prison medical treatment case, the Plaintiff brought a motion to exclude medical records pursuant to Federal Rule of Civil Procedure Rule 37(c) after the files were not identified in the Defendants’ initial disclosures or produced in discovery.  Nance v. Wayne County, 2009 U.S. Dist. LEXIS 96279 (M.D. Tenn. Sept. 15, 2009). The only catch: the non-identified files were lost.  The Plaintiff claimed the Defendants failed to disclosure the Plaintiff’s medical record pursuant to Federal Rule of Civil Procedure Rule 26(a) (or supplement their discovery responses) and erroneously denied…

• Things to Think About for Your Rule 26(f) Meeting…

  bowtielaw

  22 Oct 2009 | 7:30 am

  In a case management hearing, the parties were directed to consider the following electronically stored information (ESI) issues at their Rule 26(f) conference for drafting their proposed Rule 16(b) order: With regard to any discoverable electronically stored information (ESI) the parties may have, the Court further requests that the joint discovery plan also include any issues and concerns related to the following: a. What ESI is available and where it resides; b. Ease/difficulty and cost of producing information; c. Schedule and format of production; d. Preservation of information; and…

• Out of the Holding Pattern: Preservation Best Practices and Recent Litigation Hold Cases with John Jablonski, Esq. and Joshua Gilliland, Esq.

  bowtielaw

  19 Oct 2009 | 11:41 am

  Please join D4 on October 28, 2009 at 12:00 pm Pacific Time and 3:00 PM Eastern Time for the webinar “Out of the Holding Pattern.” To register, please click here.    Recent case law has highlighted the importance of proper implementation of litigation holds.  During the summer of 2009, there were many cases that highlighted attorneys and litigants failing in their duty to preserve electronically stored information (ESI).  These failures included not enacting litigation holds when required to do so, clients not following preservation obligations, and parties simply ignoring the duty to…

• 
  Delaware eDiscovery Report

• 3rd Circuit Doesn't Dig 'Hiding the Ball' Game

  6 Nov 2009 | 3:25 pm

  In a case squarely pitting cooperation against adversarial discovery practices, a unanimous three-judge panel of the 3rd Circuit was not amused by defense counsels' obstructionism. Two of the three judges on the panel are members of the Delaware Bar: Judges Thomas L. Ambro and Kent A. Jordan. [T]he defense lawyers walk away unsanctioned, but their victory didn't come without a price. Having taken the appeal to remove any smudge on their reputations, they succeeded in their two key legal arguments, but were made to endure a lecture on ethics and civility from the 3rd Circuit panel in a…

• A Casual Conversation on Search and Collection

  21 Oct 2009 | 4:06 pm

  I'd like to thank Chris and Morris James for the opportunity to participate on this blog and share my thoughts.  Just the other day, Chris, as he is apt to do, sent me a provocative question: "Do you guys ever use keywords during collection?"  As a practitioner here in Wilmington, I enjoy this type of open ended question, because normally I can answer it and then riff on the topic like a jazz musician.  Here is the content of that improv we conducted via email: VMC:  I wouldn't recommend keywords for standard collection from Email or other ESI repositories, but I…

• What Every Businessperson Should Know About E-Discovery

  19 Oct 2009 | 3:51 pm

  This video has been on YouTube for a while and made the rounds before, but it's so straightforward I think it's worth sharing again here.

• Old ZyLAB Promotional Video from 1994

  6 Oct 2009 | 3:58 pm

  This is apparently a 15-year-old ZyLAB promotional video recently posted on YouTube.  The video covers some eDiscovery related technologies, including OCR, fuzzy searching, and automatic bates numbering.  I figured all you eDiscovery geeks would enjoy this peek into the past.  The eDiscovery specific stuff starts at 3:41.    

• Legal Project Management Goes Viral!

  30 Sep 2009 | 1:42 pm

  OK, maybe not, but it has been getting more action than usual.  I've been following a running conversation recently on the use of project management (PM) software in the practice of law.  The larger discussion on PM in the law is fascinating, and I highly recommend reading the whole conversation, but I only mention it here because the conversation touches on PM in eDiscovery at several points and provides some keen observations on that intersection.  I've tried to extract and present those nuggets below. Rees Morrison, author of the Law Department Management blog, got things…

• 
  e-Discovery Team

• In-House Counsel Sanctioned for Defendant’s Failure to Preserve Evidence

  Ralph Losey

  1 Nov 2009 | 7:15 am

  A recent decision in Orlando imposed sanctions against in-house counsel for failure to preserve evidence, including email and laptops. Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009). Many courts have imposed monetary sanctions against outside counsel of record for their negligence in working with their clients to preserve evidence. See eg., Green v. McClendon, 2009 WL 2496275 (S.D.N.Y. Aug. [...]

• The Non-Cooperation Proclamation

  Ralph Losey

  25 Oct 2009 | 4:26 pm

  Guest Blog by Bill E. Boie,  a Real Litigator from a law firm near you. I want to thank Ralph Losey for the opportunity to respond to the tidal wave of good-intentioned drivel that appears week after week on this blog. Its been going on for two years now. I just can’t take it anymore. All [...]

• Jason R. Baron – The Movie

  Ralph Losey

  18 Oct 2009 | 3:41 pm

  Jason R. Baron is well known as a lawyer, writer, editor, and thought leader on e-discovery search. This blog is a 30 minute video excerpt of  Jason teaching Bill Hamilton and my law school class this week at the University of Florida. Jason’s talk will give you a better understanding of the problem of search, [...]

• Judges Craig Shaffer and Ron Hedges Give Good Advice to All Students of e-Discovery

  Ralph Losey

  11 Oct 2009 | 2:45 pm

  This week’s blog is an exclusive 15 minute, must-see video by two judges, Ronald J. Hedges and Craig B. Shaffer. Craig Shaffer (shown left) is a United States Magistrate Judge in Colorado. Ron Hedges is a former U.S. Magistrate Judge in New Jersey (1986-2007). Judges Hedges and Shaffer give important advice to all students of e-discovery, [...]

• 
  EDD Update

• An Impromptu Talk with the Hon. Carl J. West

  Perry L. Segal

  6 Nov 2009 | 9:46 am

  This blogger is on the scene 24 hours a day, looking for the tidbits we rarely get.  Here's what happened when, by chance, I found myself in a buffet line this past Wednesday evening with Sedona Conference Advisory Board member, L.A. Superior Court judge, the Hon. Carl J. West.That's true social networking!

• Lawyers Can Ignore Red Flags, But What About E-Discovery Vendors?

  Eric P. Blank

  3 Nov 2009 | 3:33 pm

  U.S. District Court Judge Reggie Walton recently dealt what many in the legal profession hope is the death blow to the Federal Trade Commission’s most recent efforts to extend consumer-protection regulations to attorneys engaged in the practice of law.In an Oct. 29 decision in which he promised to provide a more detailed memorandum opinion by the end of November, Judge Walton stated he did not accept the FTC’s argument that law firms were “creditors” within the meaning of the Fair and Accurate Credit Transactions Act of 2003. As a result, he ruled that law firms aren't required to…

• More Noise About Qualcomm Case

  Monica Bay

  3 Nov 2009 | 5:47 am

  See Lawyers in Discovery Scandal Say Qualcomm Lied (from The Recorder)

• EDD & Po-e-try

  Perry L. Segal

  2 Nov 2009 | 4:14 pm

  It's another Monday, another new month and I'm in a lousy mood, but this little ditty made me smile.  If anyone knows the author, please let me know...Say it with candy,Say it flowers,Say it with gloves or with mink.Say it with diamonds,Say it with pearls,But never say it in ink.

• Ajilon and Fios partner for full-service e-discovery

  Sean Doherty

  2 Nov 2009 | 6:30 am

  How long has it been since you pulled up to a full-service pump or stopped for gas in New Jersey or Oregon? You do remember the concept of full service, right? Service provided by an attendant that saw to all your vehicular needs when you pulled into the station. If you do, then compare the gas station attendant to the new partnership between Ajilon and Fios that have teamed up to provide a full, or "all-inclusive," e-discovery service. The Ajilon-Fios partnership combines Fios’ e-discovery services with Ajilon’s legal staffing and litigation services. Together, they hope to…

• 
  Litigation Support Industry: Business News and Information Blog

• Dolan Media Acquires Majority Interest in DiscoverReady

  6 Nov 2009 | 6:37 am

  MINNEAPOLIS--(BUSINESS WIRE)--Nov. 6, 2009-- Dolan Media Company (NYSE: DM), a leading provider of professional services and business information to the legal, financial and real estate sectors in the United States, said today that it acquired an 85% equity interest in DiscoverReady, LLC, a leading provider of outsourced discovery management and fixed-fee document review services to major companies and their counsel.With headquarters in New York City and an office in Charlotte, N.C., DiscoverReady assists major corporations and their counsel in litigation and regulatory matters by providing…

• Avalon Document Services Acquires Exacta Legal

  4 Nov 2009 | 5:13 am

  Buffalo NY based Exacta Legal was acquired by Avalon Document Services.Avalon Document Services announced the acquisition of one of its local competitors, Exacta Legal, in a move that formalized a long-standing relationship between the two litigation support services firms. The companies are part of a growing local presence in the electronic document management and discovery business that includes IKON, D-4 LLC and Toshiba Business Solutions, all with offices serving Buffalo.Though Avalon first looked into acquiring the company last summer, J.P. Midgley, managing partner at Avalon’s Buffalo…

• Integreon to Raise $100 Million to Fund Acquisitions

  28 Oct 2009 | 12:38 pm

  Mumbai, Oct 25 (PTI) Knowledge process outsourcing (KPO) firm Integreon is looking to raise about USD 80-100 million through private equity to fund acquisitions in India and overseas. "We are looking to seek commitment to the level of USD 80-100 million (solely through private equity) and whenever there is an opportunity, we will use that capital for an acquisition," Integreon Chief Operating Officer, Asia Pacific, Lokendra Tomar, told PTI here.He said the company intends to complete fund-raising in the next one or two quarters. Integreon provides outsourced knowledge, legal, and…

• Altep Acquires Chicago Based Integrated eSolutions

  30 Sep 2009 | 4:20 pm

  Altep, Inc of Texas announced it had acquired Chicago based Integrated eSolutions for an undisclosed amount. Altep reports that it acquired a strong presence in the important Chicago legal market, and Integrated eSolutions will benefit from the advanced technology and low cost processing offered by Altep from its El Paso, Texas headquarters.

• RenewData Raises $6.1M in Funding

  27 Sep 2009 | 5:35 pm

  RenewData Corp. has raised a $6.1 million round of funding.Austin-based RenewData, which provides electronic discovery services for law firms and corporations, received the funding from 12 investors, according to a filing with the U.S. Securities and Exchange Commission.CEO Steven Horan couldn’t be reached for comment.RenewData, founded in 2001, employs about 175 workers.In 2006, the company raised $30 million series C round of funding, and in 2007, it raised a $5 million Series D round of funding. It’s two investors have been Baltimore-based ABS Capital Partners and CIBC Capital…

• 
  Strategic Legal Technology

• Legal Process Outsourcing (LPO) Update

  Ron (mailto:ron@prismlegal.com)

  2 Nov 2009 | 7:10 pm

  Legal process outsourcing (LPO) has been in the news a lot in the last few months. And there have been some good blog posts too. Here’s a listing.  For a November 9th presentation on Legal Process Outsourcing: Opportunities and Challenges to the Palo Alto Area Bar Association (PDF of program) I assembled a list of recent legal press LPO coverage. I was surprised at the extent and nature of the coverage. That list appears at the end of this post. I also want to call out a few blog posts of interest: Wearing my day job hat at Integreon, I posted today Law Firms Differentiate in a New…

• Xerox CategoriX and Musings on the Best Approach to EDD Search

  Ron (mailto:ron@prismlegal.com)

  29 Oct 2009 | 8:07 pm

  This is a two-part, joint blog post. I recently spent some time looking at Xerox’s new CategoriX EDD tool and writing a post about it. After reading it, I realized it would be helpful to set my discussion in a broader context. So I turned to my friend and e-discovery expert Tom O’Connor and author of the docNative Paradigm Blog . What follows is a combined post; we wrote each section individually and are cross posting this.  Xerox CategoriX and Musings on the Best Approach to EDD Search by Ron Friedmann In early October, Xerox Litigation Services released a new e-discovery…

• Engaging Lawyers in KM

  Ron (mailto:ron@prismlegal.com)

  23 Oct 2009 | 1:05 pm

  From a private large law firm knowledge management gathering, here is a near real-time report on Engaging Lawyers in KM.  What motivates lawyers to participate in KM efforts? Research shows that extrinsic motivators (e.g., money or recognition) do not lead to better results for cognitive work. Instead, you need to focus on intrinsic motivators, for example, purpose, mastery, and autonomy. What are the intrinsic motivators in a law firm? Examples might be - working on a project of one’s own choosing - exploring a new interest - opportunity to get deeper expertise - psychic reward of…

• Law Firm Competitive Intelligence

  Ron (mailto:ron@prismlegal.com)

  23 Oct 2009 | 9:02 am

  From a private large law firm knowledge management gathering, here is a near real-time report on a competitive intelligence (CI) in law firms by Ann Lee Gibson, who blogs at Law Firm Competitive Intelligence.  Peter Drucker said that 90% of info used in organizations is internally focused only 10% externally. It should be the other way around. So, CI is not competitor intelligence; it is information that allows firms to be more competitive. Information sources are a prelude to CI. CI allows making an informed decision. But CI is not predicting the future - it does help narrow the options…

• Applying Interface Usability Principles to KM

  Ron (mailto:ron@prismlegal.com)

  23 Oct 2009 | 8:06 am

  From a private large law firm knowledge management gathering, here is a near real-time report on a relatively unusual KM topic, usability issues.  A usability expert from one of the attending law firms presents. Her prior job titles include include Visual Designer, Interaction Designer, Information Architect, and User Experience Researcher. She starts with an illustration from the “real world", a car dome light (in a rental car) with no obvious way to turn it on. That’s bad! Likes the usability of DropSend web interface because it make very clear what it does and how to use…

• 
  The Posse List

• Options for Managing Law School Student Loan Debt

  mrposse

  5 Nov 2009 | 4:21 pm

  The average law student who graduated from a private university in 2008 borrowed more than $91,500 on the way to earning that degree, and in 2009 the figure was more than $100,000, according to the nonprofit Equal Justice Works.  Combine that with leftover undergraduate debt and the shrinking job market, and you realize the immense pressure contract attorneys are under. If you’re a recent law school grad, student loan repayment plans are set around December 1st.  If you’re like most of the May 2009 law graduates you are also either deferred, unemployed, or working for barely a decent…

• Nov 19th: free webcast from Exterro “Why Project Management is the Key to Success for Every E-discovery Undertaking”

  mrposse

  5 Nov 2009 | 3:05 pm

          On Thursday, November 19th, Exterro will Web-cast a one-hour panel presentation of e-discovery experts who will “show why project management is the key to success for every e-discovery undertaking by deconstructing the electronic discovery reference model from a new perspective: Integrated project management.” The Web-cast, titled “A Simplified Approach to E-discovery Workflow” is scheduled to start at 10:15 a.m. USA-Pacific Standard Time. For more information and to register, visit the following Web site:  https://www1.gotomeeting.com/register/263821849

• FCPA Report Shows Companies Shelling Out to Avoid Prosecution

  mrposse

  5 Nov 2009 | 6:10 am

  Since so many Posse List members (contract attorneys, law firms, computer forensics specialists, etc.) are working on Foreign Corrupt Practices Act (FCPA) matters we thought the most recent bi-annual Shearman & Sterling FCPA report would be of interest.   The report provides current and comprehensive information on U.S. foreign bribery proceedings including criminal prosecutions, DOJ foreign bribery civil actions, SEC actions, DOJ opinion releases, ongoing FCPA investigations, pre-FCPA prosecutions and parallel litigation related to the FCPA. For a link to the report click here.

• Nov 6th at 12pm EST: free webinar “Protecting Privileged Documents” (presented by Catalyst)

  mrposse

  3 Nov 2009 | 8:44 am

  An excellent program for contract attorneys, law firms and in-house counsel. Catalyst’s consulting team will share best practices on how to find potentially-privileged documents, defensible ways to maintain privilege, and techniques to reduce the time and expenses associated with privilege review.  The presentation will include: * Creating queries to find attorney names, email addresses and firm names. * Using Correlation Navigators to find and tag privileged email addresses and domains. * Using SQL database analysis to identify patterns of emails between in-house counsel, outside counsel,…

• Nov 3rd at 1pm EST: Fulbright Forum — 6th Annual Litigation Trends Survey Report Web Seminar

  mrposse

  2 Nov 2009 | 4:54 pm

  On Nov 3rd at 1pm EST is the “Fulbright Forum” on the Fulbright 6th Annual Litigation Trends Survey Report. It is a web seminar and it is free.  You can register here:   http://sn.im/t11n8 The Fulbright survey will be of interest to many Posse List members.  The survey asked companies to consider, among other things, what types of litigation most concerns them, where they’re spending limited budgets and how they are adjusting approaches to litigation management in light of the downturn. This year’s survey also delves into special topics, such as how companies are dealing with…

• 
  eClaris Blog

• New eClaris Senior eDiscovery Consultant

  28 Oct 2009 | 9:46 am

  Former Litigation Support Manager and Industry Veteran, Jeff Steve, Boosts eClaris’ Internal Electronic Discovery Expertise eClaris, Inc.today announced the addition of Jeff Steve to its eDiscovery team.  Steve joins eClaris as a Senior eDiscovery Consultant in its Los Angeles office and has 18 years of experience in litigation technology.  Litigation support managers will benefit directly from Steve’s seasoned experience helping AmLaw 200 law firms and Fortune 500 companies effectively manage the discovery of electronically stored information.     As…

• Colorado Electronic Discovery Summit

  28 Oct 2009 | 9:27 am

  eClaris is pleased to be attending the 3rd annual eDiscovery Summit organized by the COALSP.  The symposium will take place on October 30, 2009 at the Grand Hyatt Hotel in Denver, Colorado.  eClaris looks forward to participating in this exciting educational seminar on electronic discovery and evidence with its dynamic set of speakers which include leading judges, attorneys and litigation support personnel.  To schedule a time to meet with eClaris at this conference please email service@eclaris.com and for more on the Colorado Association of Litigation Support Professionals…

• Seventh Circuit Ediscovery Pilot Program

  22 Oct 2009 | 10:06 am

  The Seventh Circuit has adopted an ediscovery pilot program.  It's report is available here:  http://www.ca7.uscourts.gov/7thCircuit_ElectronicDiscovery.pdf and is well worth studying for guidance on how to handle ediscovery.  What makes this program unique is that it is actually being tested in trials: "Individual district court judges,magistrate judges, and bankruptcy judges in the Seventh Circuit have agreed to adopt the Principles and implement them in selected cases during the Phase One period. This will be done through entry of the [Proposed] Standing Order…

• When Employees Leave - What about their data

  20 Oct 2009 | 3:27 pm

  When I was a General Counsel, we started a policy in my company of retaining the hard drive of the employee.  In some cases we would also copy the email store from the server and the network share to a DVD and keep a copy.  This isn't something we started out doing, we had a couple of employees leave to work for competitors who we were pretty certain had taken our proprietary data when they left.  Once we experienced that, we realized that we would have been better off to have the original hard drive.  Forensic tools can capture whether data was copied onto an external…

• GPSolo Fall Meeting and National Solo & Small Firm Conference

  16 Oct 2009 | 9:24 am

  eClaris will be speaking on Electronic Discovery at this year's ABA GP|Solo and Small Firm Fall Conference at the Millennium Biltmore in downtown Los Angeles.  Our session is scheduled from 4-5pm on Friday October 16.  http://new.abanet.org/calendar/gp-solo-2009-fall-meeting-and-national-solo-and-small-firm-conference-los-angeles-california/Pages/default.aspx We look forward to seeing you there!