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Rethinking a classic legal strategy: How sound information management policies can make eDiscovery cheaper and faster for companies overwhelmed with discovery requests
A recent ruling on a patent case out of the U.S. District Court in Delaware reminds litigants of the old adage “be careful what you ask for.” The Takeda Pharmaceutical Company v. Teva Pharmaceuticals (2010 WL 2640492 (D.Del)) ruling is also a wake-up call to enterprises to get their house in order when it comes [...]
So you think Early Case Assessment refers to inventorying your personal wine stock before noon?
Early Case Assessment (ECA) is not specifically an eDiscovery process but in most legal minds is tangled up with the eDiscovery process. Early Case Assessment has several definitions depending on what source you are looking at: 1. The legal text book definition for early case assessment refers to estimating risk (cost of time and money) [...]
Is a Litigation Hold Email Enough?
The legal hold requirement is vastly misunderstood in my opinion. I have run into many corporate counsels that have the opinion;”I just send and email out to anyone in my company that could have responsive ESI asking them to be sure not to delete any data about the following subjects”. Then, if the delete something [...]
Backups are an effective eDiscovery resource, if it’s the right backup
I have always been told relying on backups for eDiscovery purposes is a costly and time consuming mistake. Searching through backup tapes or even a disk-based backup for eDiscovery is difficult. Imagine restoring 22 200 GB backup tapes of your employee workstations and Consider an eDiscovery request which asks for any files on 73 custodian [...]
The Classification & Collection of ESI from Custodian Workstations
One of the most painful and risky aspects of the EDRM process is the collection and preservation of uncontrolled custodian ESI on laptops and desktops for ECA and legal hold. Now days, Judges expect corporate litigants have control of their electronically stored information so are not easily persuaded to allow months or years for a [...]
