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  • No Sanctions For Failure to Preserve Where Deleted Call Recordings "would not have been supportive of Plaintiff's claim"
  • Special Master Analyzes Privilege Search Terms, Addresses Objection that they were Overbroad
  • Opinion Highlights Questions Surrounding Proper Predictive Coding Protocols
  • Court Orders Adverse Inference for Failure to Prevent Automatic Deletion

(news from K & L Gates)

EDRM: Beyond the Boxes

by Samantha Green, Esq.

While most people in the e-discovery industry have heard of the Electronic Discovery Reference Model (EDRM), many think it is simply a chart that describes the stages of the e-discovery process. However, the EDRM is more than a bunch of boxes; it is an organization that drafts and makes available practical information to help everyone who works within the e-discovery space. Members of EDRM represent a diversity of professions that touch discovery in a variety of ways. There are services providers, software companies, IT professionals, litigation support professionals, law firm attorneys and corporate counsel who all bring their breadth of experience to the table. Having a diversecontinue…

Webcast : State e-Discovery – 6th Annual Update with Tom Allman

by Miho Hasuo

Date: Wednesday December 12, 2012
Time: 1:00 PM ET / 10:00 AM PT (60 minutes)

Tom Allman, the leading expert on state e-discovery rules, provides an update on what’s new in e-discovery at the federal level and how those developments are impacting state-level activities.

This informative session will also include:

  • The status of state e-discovery rule-making, identifying the 10 states that still have not acted
  • Wisconsin’s efforts in cost-shifting and Florida’s new Sunshine Act
  • Highlights from Allman’s recent paper, “Preservation and Discovery of ESI in Federal and State Courts after the 2006 FRCP Amendments”
  • A look forward to key e-discovery issues in 2013


Delaware Chancery Court Sua Sponte Orders Parties to Use Predictive Coding

by Guest Authors

by Wendy Butler Curtis, eDiscovery of Counsel, Orrick and Jeffrey W. McKenna, eDiscovery and Privacy Attorney, Orrick

On October 15, 2012, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery ordered the parties in EORHB, Inc., et al. v. HOA Holdings, Inc., et al., Case No. 7409-VCL (Del. Ch. Ct. Oct. 15, 2012) to utilize predictive coding technology for their document review and productions or else show cause why the use of predictive coding was not appropriate. (See 10/15/2012 Tr. at pp. 66-67.)

The court ordered the parties to locate a single eDiscovery provider that had the capability to separatelycontinue…

An Interview with Ralph Losey

by Rebecca James

2012 Homestretch and 2013: An Early Look

Ralph Losey, one of the leading experts on e-discovery, is a partner and e-discovery chair at Jackson Lewis. His practice has been limited to e-discovery since 2006. Losey is a writer and an educator; he publishes books, articles and the e-Discovery Team Training blog; he teaches at the University of Florida; and he speaks at Sedona Conferences and many other events.

Rebecca James regularly writes industry blogs and articles on a broad array of
e-discovery issues and holds degrees in law and organizational development and curriculum design for adult education.

James: How would you characterize the status of the e-discovery industry todaycontinue…

Relativity Fest 2012

by Don Whitehead

kCura’s Relativity Fest 2012 was held this year at the historic Palmer House Hotel in Chicago, featuring education tracks, experience sharing and valuable networking time. CEO Andrew Sieja kicked off the sold-out event that attracted 525 attendees, initially focusing his keynote address on Relativity growth in both users and data under management. kCura has increased the number of Relativity end users to over 71,000 per month, representing 52% year-over-year growth. Even more impressive, the volume of data in the top 100 workspaces has grown over 500% in the last two years, and now averages over 15 million docs.

Another keynote theme was the growing Relativity ecosystem. Fios was pleased tocontinue…

“Redact This” – Fios’ New Tool for Reliable Redaction

by Guest Author

by The Metropolitan Corporate Counsel, September 27, 2012

Webinar Presented by Fios, Inc.

Presenters: Don Whitehead, Product Manager at Fios, and Samantha Green, E-Discovery Counsel at Fios. Bryan McIntosh, Senior Relativity Manager for Fios, provided a demonstration of Fios Redaction Assistant.

Green: For anyone who has worked on a redaction-heavy review with a looming production deadline, you know how labor-intensive and time-consuming the process is. Fios is excited to share an automated redaction solution with you, Fios Redaction Assistant. Today we will discuss some common redaction issues, redaction-related case law, how to streamline the redaction workflow, and show a demonstration of Fios Redaction Assistant. We invite our viewers to gocontinue…

Warning: e-Discovery Missteps Can Open Up the Door to Identity Theft

by Samantha Green, Esq.

Corporate legal departments and law firms that host and review data online bear a significant responsibility to ensure that personally identifiable information (PII) remains protected. According to the Social Security Administration, identity theft is one of the fastest growing crimes in America, and the Federal Trade Commission (FTC) estimates approximately nine million Americans have their identities stolen each year. Most of these crimes rely heavily on a single piece of information - the Social Security number (SSN). As more and more information moves online, criminals have developed a variety of methods to steal information, and the majority of these lost or stolen SSNs are a result of database security breaches. Bycontinue…

Webcast: e-Discovery Case Law Update –
Fall 2012

by Miho Hasuo

Date: Thursday November 15, 2012
Time: 1:00 PM ET / 10:00 AM PT (60 minutes)


This quarterly case law update from Fios explores recent court decisions related to e-discovery, the impact these cases are already having and may have in the future, and tactics and strategies organizations should consider to help control their e-discovery costs and risks.

Samantha Green is joined by special guests Adam Losey, e-Discovery Attorney at Foley & Lardner LLP; Joshua Gilliland of the Bowtie Law Blog; Benita Sumey, Associate Legal Director at Orrick; and Linda Baynes, Discovery Analytics & Review Services Associate Operations Director at Orrick.


eDiscovery Education? Yes! eDiscovery Certification? Maybe…

by Guest Author

by Barry Murphy, eDJ Group

In response to multiple client inquiries about eDiscovery education and certification programs, eDJ Group ran a survey on the topic this past summer.  The survey sought to understand the available eDiscovery and related information governance education, certification and training programs.  What we found is that the eDiscovery education market is just beginning to form and that the programs available are deep and complex; far too deep for eDJ to cover each program in depth.  Instead, we will share our findings throughout a series of articles in the hopes that data will help inform decisions and start fruitful conversations and debates.

Education and training are foundationalcontinue…

Platform Story: Fios Redaction Assistant

by Guest Author

by [email protected]

Several members of our [email protected] team are experts in custom development, helping our partners and clients build applications and integrations to extend Relativity’s functionality. To highlight some of the unique ways our users are taking advantage of the platform, we interviewed a few of our partners and clients who have worked with custom development to help create some more complex applications.

We recently spoke with chief sales and marketing officer Jon Leitner and vice president of marketing Donna Peterson from Fios, whose newest Relativity Application—Fios Redaction Assistant—was released on September 28. Fios Redaction Assistant is only available to Fios clients.

If you have any questions about working withcontinue…

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