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  5. Legal Holds and Trigger Events
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  11. Electronic Discovery Navigator
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  13. Inter Alia
  14. PivotalDiscovery
  15. Strategic Legal Technology
  16. Document Control Group E-Discovery Center


  • Judge Scheindlin Withdraws Opinion in Nat'l Day Laborer Org. Network v. United States Immigration and Customs Enforcement Agency
  • Court Rejects Objection to Portion of Monetary Sanctions, Orders Payment of $571,440.12 by July 15
  • Court Orders Monetary Sanctions Against Client and Counsel for Discovery Violations, Including Counsel's Failure to Make "Reasonable Inquiry"
  • No Sanctions for Failure to Preserve Disaster Recovery Back-up Tapes where Other Preservation Efforts were Reasonable "In the Context of This Case"

(news from K & L Gates)

Legal Project Management’s Impact on Defensibility

by Chris Wilen

Legal Project Management’s Impact on Defensibility

Quality control and risk management are major components of fundamental project management in any industry. Within the legal industry, these areas relate directly to defensibility by providing consistency, auditability and tracking, and risk mitigation. As quality goes up, risk goes down, and defensibility of the process and the results go up. Most are aware of the “triple constraint” of fundamental project management – scope, schedule, and budget. In legal project management, I believe that an increased focus on these three additional components is just as valuable. Case teams utilizing dedicated project managers to manage their efforts can realize an increased level of defensibility bycontinue…

New Fios Webcast: e-Discovery Case Law Update – Summer 2011

by Shawn O'Dell

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

Chris Wilen, Fios’ Technology Counsel, will be joined by special guests Seth Row, Partner and E-Discovery Consultant at Parsons Farnell & Grein; Martha Dawson, Partner and Co-Leader of the e-Discovery Analysis and Technology (e-DAT) Group at K&L Gates; and Farrah Pepper, Of Counsel and Vice Chair of the Electronic Discovery and Information Law Practice Group at Gibson, Dunn & Crutcher.

The panel will discuss highlights of issues and cases, including:


    The Future of e-Discovery Sanctions

    by Chris Wilen

    If 2010 can commonly be referred to as the year of preservation, it seems that we are currently in the middle of the decade of e-discovery sanctions. A recent study conducted by King & Spalding attorneys and published in the Duke Law Journal detailed e-discovery sanctions resulting from 2009 and earlier, noting that there had been a significant increase in the number of sanction motions and awards during the most recent years. At the end of 2010, Gibson Dunn released their Year-End Electronic Discovery and Information Law Update, which indicated that when sanctions were sought, the frequency of courts granting them decreased from 70% in 2009continue…

    On the Fence Part II

    by Rebecca James

    Last month, lawyers opined on the value of e-discovery certification. There was skepticism and a lack of consensus on the importance of credentialing, but minds were generally open to this growing trend.

    This month, litigation support leaders weighed in. Responses ranged from “No comment – firm policy” to “If all other things are equal, then I might give preference to a candidate who is certified.” Though not as skeptical as the lawyers, technology professionals also lack consensus about the need for certification in e-discovery, who should do the certifying and what defines competence.

    Both lawyers and non-lawyers, however, agree there should be a clear industry standard for e-discovery processes, principlescontinue…

    Foreign Language e-Discovery – An Introduction

    by Chris Wilen

    As many have expected for some time, we are beginning to see an increase in the amount of data collected from foreign countries. Even when most of a document collection takes place within the United States, it is not uncommon for a small number of foreign sources to contain information potentially responsive to a matter or investigation. The purpose of this post is not to discuss or debate the numerous security and privacy regulations that may govern foreign collections, but to discuss what is done with the data once all of those requirements have been met and the data is collected. What are the requirements around production and how iscontinue…

    e-Discovery Sampling – Why, When and How

    by Chris Wilen

    Sampling for quality is not a new concept. Many industries have been doing it for years, and it is a core component of popular process improvement programs such as Six Sigma and Lean. Within the legal industry, however, sampling has not received significant attention until recently. While the topic is much too large to cover comprehensively within this blog post, there are a number of high-level thoughts to consider.

    According to numerous reports, the volume of data stored worldwide by corporations continues to grow at a significant rate. We now talk about data volumes in terms of exabytes (1 exabyte = 1 billion gigabytes). Storage has become relatively inexpensive andcontinue…

    On the Fence Part I

    by Rebecca James

    When a group of lawyers were asked what they thought about e-discovery certification, the responses ranged from “Hey, the judge doesn’t require it” to “It shows real commitment to the profession and gives confidence to clients.” Presently there is no consensus in the legal profession about whether there should be certification in e-discovery, what competence actually looks like and who should provide the credentialing.

    Professional certification is a process intended to demonstrate an individual possesses enough knowledge, experience and skills to perform a specific job. Certifications, especially technical and product-related programs, are widely – if not universally – accepted. Strictly legal certifications are also popular, but there is some controversycontinue…

    Where do sanctions head now?

    by Chris Wilen

    At LegalTech New York in February, Fios hosted a cocktail reception during which a number of industry experts gave their eDiscovery related predictions for the coming years.  A couple of those predictions focused on the number of sanctions related to eDiscovery.  Technology and media attorney Bob Ambrogi, citing differing studies as to the actual number of sanctions in 2010, predicted that the number of sanctions related to eDiscovery would rise in the coming years.  Alison Grounds of Troutman Sanders predicted that regardless of the actual number of sanctions going up or down, the amount of money spent defending against such sanctions will continue to increase.  I believe that both arecontinue…

    Data Destruction Policies – Is the data really gone?

    by Chris Wilen

    Following a year focused on preservation related instruction, we have a much better understanding of what is and is not permissible when it comes to data retention and destruction.  Corporate legal departments and outside counsel should, at this point, have a set of working guidelines detailing the different steps of a litigation hold, protections provided by Safe Harbor provisions, and the legal ability to continue corporate data destruction procedures following completion of a litigation hold.  At that point, it comes down to an IT exercise which can be very daunting given the potential multiple data sources and now, the additional 3rd party service providers who may be in possession ofcontinue…

    LegalTech New York 2011 Retrospective

    by Chris Wilen

    Another Legal Tech New York has come and gone and while I’m tempted to let my mind go numb and try to enjoy Delta’s airing of The Social Network, my attention span for the film is equivalent to attention paid by LTNY2011 participants to legally related social media issues.  So given full laptop battery and a long flight home, it’s time to put down some thoughts regarding this year’s legal technology event.

    Show Traffic: Despite a still empty third floor that years back was full of provider booths, this year’s show was well attended in terms of numbers, but more important was the presence of more decision makers looking tocontinue…

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