July 20, 2015

Why Clients Shouldn’t “Self-Select” Documents for E-Discovery

  A recent opinion in a case against Ford Motor Company over unintentional vehicle acceleration demonstrates why it is often inadvisable to let data custodians collect their […]
June 9, 2015

What is ECA (Early Case Assessment)?

Early case assessment, or ECA, is a term often associated with electronic discovery and e-discovery software. According to the the Grossman-Cormack Glossary of Technology-Assisted Review, ECA is “[a]n […]
June 5, 2015

What You Need to Know About the FRCP E-Discovery Amendments

As referenced in prior posts, amendments to the Federal Rules of Civil Procedure addressing e-discovery and electronically stored information (ESI) are closer to adoption. On April 29, […]
June 2, 2015

Vertical, Horizontal and Global Deduplication Explained

“Deduplication” or “Deduping” is the process of comparing computer files in a data-set and removing or segregating duplicates. Two significant benefits of using e-discovery software are deduplication capabilities […]
May 29, 2015
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6 Easy Ways to Review Fewer Documents in E-Discovery

Obviously, one of the most important tasks in electronic discovery is reviewing documents. Also very important is figuring out what not to review. Limiting what is […]
May 22, 2015

Court Addresses EMR Audit Trails and Peer Review Privilege

May a healthcare service provider sued for malpractice withhold medical record audit trails based on the peer review privilege or attorney work product doctrine? No, according […]
May 19, 2015
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The 5 Ws (and 1 H) of ESI Custodian Interviews

    One of the first tasks attorneys must tackle in electronic discovery is assessing the nature and extent of their client’s electronically stored information (ESI). […]
May 11, 2015

E-Discovery Proportionality Explained

“Proportionality” is a popular e-discovery buzzword and a concept referenced in federal and state rules of civil procedure. Discovery in litigation should be proportional to the case […]
May 8, 2015
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What is an ESI or Data Custodian?

A commonly used term in e-discovery is “custodian,” “data custodian” or “ESI custodian.” The Electronic Discovery Reference Model (EDRM) defines a custodian as a “[p]erson having […]