Ediscovery Best Practices
Managing ediscovery in-house can seem daunting. That’s why we’ve shared our recommended best practices for issuing legal holds, lowering ediscovery costs, collecting and processing data, managing internal investigations and more.
Five Best Practices for Conducting Fast, Defensible Internal Investigations
Internal investigations can be daunting because the matters are often highly sensitive, time is critical, and there is no room for error. Successful investigations are thorough, initiated quickly, completed promptly, and evaluated fairly. In general, you should...
What Happens With the Data Collected by Doorbell Cameras?
Doorbell cameras are everywhere, passively recording what happens on front porches, driveways, and even public sidewalks around the country. In fact, you may have bought one for yourself or a loved one during a Cyber Monday sale this week. Many of these cameras come...
Just How Important Is It to Protect the Privacy of Biometric Data?
Using biometric data to identify people may still seem like the stuff of science fiction, but it’s here today, and it’s become widespread. Companies use biometric data because it’s hard to fake, which makes it useful for preventing fraud. However, its permanence also...
PREX: The Evolution of a Community
“There is no power for change greater than a community discovering what it cares about” - Margaret Wheatley This quote reminded me of the ediscovery community, and why I’m so honored to be a part of it. These words are particularly relevant to the Conference on...
Best. Conference. Ever!
We may be a bit biased, but we’re confident that those who were able to join us at PREX 2019 will agree: we had an incredible week. As Brad described during his conference wrap-up on Thursday, PREX was a truly inspiring event designed to promote excellence and...
The Preservation-Ready Organization
Over the last few weeks, In-House Insights has been exploring the importance of having a sound preservation plan and process in place. In developing and writing down your plan, your legal process becomes transparent, consistent, and repeatable – all fundamental elements of defensibility. But to be effective, a plan must…
Preservation Plan: Monitoring Compliance
The work doesn’t end after the legal team has issued a legal hold notice. Legal counsel has a duty to monitor custodians’ compliance with the hold instructions. Reasonable actions to satisfy this duty typically include…
Preservation Plan: Taking Action
Once the organization has determined the scope of the preservation obligation, it must take action to preserve the content within that scope. This typically involves notifying personnel about their need to preserve information and affording them adequate…
Defining the Scope of Preservation
Our goal for Elevate Ediscovery remains providing practical guidance and actionable tips for in-house ediscovery professionals on an array of ediscovery topics. In Part 3 of our series on data preservation best practices, we continue our discussion…
2019 Corporate Ediscovery Benchmark Report
Survey Results Demonstrate a Significant Transition Point for Corporate Ediscovery Sixth Annual Survey Taps 250 In-house Ediscovery Professionals for Current Trends The theme of this year’s report is, to borrow from Bob Dylan, “The times they are a-changin’.” We can...
Recognizing a Trigger Event
Last week, we started a new series in In-House Insights to explore best practices for developing and implementing a sound preservation plan for your organization. Today, we dive into the key elements of an effective…
Why Create a Preservation Plan
Our goal for Elevate Ediscovery is to provide practical guidance and actionable tips for in-house ediscovery professionals on an array of ediscovery topics. Today we kick off another series for In-House Insights. Over the coming weeks…
Going Beyond Litigation
The essence of ediscovery is twofold: managing data and extracting useful information that can then be used to tell a story. Learning how to accomplish these goals cost-effectively requires both a mindset and a skill set that have wide potential applications…
Culling & Review
Responding to your discovery obligations is all about effectively and efficiently culling your data to separate the wheat (non-duplicative and non-privileged documents that are responsive to a discovery request) from the chaff (everything else). Earlier culling…
Targeted Collections
Traditional approaches to ediscovery have relied on broad collection, such as copying the entire contents of a mailbox or hard drive, followed by an extensive culling process to identify and extract potentially relevant electronically stored information (ESI). This approach…
Robust Preservation Practices
Without rigorous preservation of discoverable data, there can be no ediscovery. What’s more, investing in your approach to data preservation can have a significant impact on not only potential spoliation sanctions, but also on many hidden costs of discovery…
Proportionality & Case Preparation
A key to driving down the cost of ediscovery is to recognize that most preservation and discovery obligations are subject to negotiation — if you start early enough. Changes to the Federal Rules of Civil Procedure in late 2015 restored proportionality to its original importance…
Creating a Litigation Response Plan
Without a clear, strategic litigation readiness and response plan, you run more than the risk of scrambling in a panic to react to a threat. You risk losing evidence in that mad rush, resulting in monetary and evidentiary spoliation sanctions that can cripple…
Taming the Big Data Dragon
The more data you have, the higher your ediscovery costs. Therefore, the first step to driving down the cost of ediscovery is simply reducing the amount of data you have to manage. Data reduction requires consideration of the entire lifecycle of data, beginning with a plan for…
When a case closes, a window opens: Effectively closing out ediscovery matters
The case is over: you’ve settled, won, or — sorry — perhaps lost. Time to put all this behind you and move on, right? Not so fast. When a matter concludes, whether it’s after trial or considerably earlier, a critical window opens. Now is the time to corral any wayward...