The Georgetown Advanced eDiscovery Institute

The Advanced eDiscovery Institute

A continuing education program by Georgetown Law School

This year the program was held December 6 & 7

The agenda and roster of speakers can be found here.

This conference is considered one of the most highly regarded e-discovery learning events of the year.  Learn something new about e-discovery today by reviewing the blogs and articles below:

Exterro’s E-Discovery Beat Blog live blogged notes from the conference

Other notes & blogs summarizing the learning experience

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ALSP Free Webinars Spring 2011

This post was copied from an email I received earlier today. I recommend attending at least one, if not all, of the learning opportunities below… If you’re a member of ALSP, then you’ll be able to access the on-demand recordings at a later time.

– erika

 

Please join ALSP  for these free upcoming webinars, open to members and prospective members.

 

THIS WEDNESDAY – Education: Legacy Data Remediation (Cosgrove, Fasching, Rummelhoff)

A Practical, Innovative and Experienced Approach to Legacy Data Remediation; Real-world examples of Paper and Electronic Projects

There are plenty of people echoing the risks associated with legacy data and a “keep everything” mentality. Join us for a webinar that will take those discussions a step further, offering insight from both a legal and technical perspective into how remediation projects can be managed cost effectively and in a manner that does not up-end everyday business operations. During this one-hour discussion, Redgrave LLP Partner Andy Cosgrove and Analysts Diana Fasching and Christian Rummelhoff will also outline a defensible framework for the disposition of legacy data, and share real-world examples of paper and electronic remediation projects. Victoria Edelman, Vice President of Education for the ALSP and Director of Training for iCONECT Development, facilitates.

Wednesday, March 30, 2011 1:00 pm Eastern Daylight Savings Time (New York)
Duration: 1 hour

Click here to register.

THIS THURSDAY – Education: The Top Ten (or So) E-Discovery Predictions for 2011 (Grossman, Hedges)

Join Maura R. Grossman, Counsel at Wachtell, Lipton, Rosen & Katz, and Ronald J. Hedges, former United States Magistrate Judge, for a lively discussion of the top ten (or so) developments in the e-discovery world — both ominous and exciting — expected for the coming year. Among other topics, we’ll discuss major milestones, case law surprises, the impact of new technology, and recap the biggest developments in 2010. Victoria Edelman, Vice President of Education for the ALSP and Director of Training for iCONECT Development, facilitates.

 

 

Thursday, March 31, 2011 1:00 pm Eastern Daylight Saving Time (New York)

Duration: 1 hour

Click here to register.

 

 

Education: Analytic Search Software (Crowley)

Conor R. Crowley, Esq. of the Crowley Law Office will review the different types of analytical software available and will discuss the rules and case law supporting the use of such technologies in civil discovery. Conor will also discuss the need for quality assurance when employing analytical software for relevance review and how to design an appropriate quality assurance process. While no specific software products will be discussed, Conor will cover the general varieties and how they work. Victoria Edelman, Vice President of Education for the ALSP and Director of Training for iCONECT Development, facilitates.

 

Wednesday, April 6, 2011 1:00 pm Eastern Daylight Time (New York)
Duration: 1 hour

Click here to register.

 

 

Education: Statistical Sampling for Dummies: Applying Measurement Techniques in E-Discovery (Grossman, Cormack)

Join Maura R. Grossman, Counsel at Wachtell, Lipton, Rosen & Katz, and Gordon V. Cormack, Professor, David R. Cheriton School of Computer Science, University of Waterloo, for a primer on statistical sampling and its application to e-discovery. Among the topics to be covered are the kinds of questions sampling can and cannot answer; what “random sampling” is and how a random sample may be generated; what “confidence intervals” and “confidence levels” are; how to choose the correct sample size; and sampling traps for the unwary. Victoria Edelman, Vice President of Education for the ALSP and Director of Training for iCONECT Development, facilitates.

 

Thursday, April 21, 2011 1:00 pm Eastern Daylight Saving Time (New York)
Duration: 1 hour
Click here to register.


Product Demonstration: Index Engines

Tape Discovery Via the Cloud – Collecting electronically stored information (ESI) from backup tapes has historically been a time consuming and difficult process. The content archived on backup tapes is extremely valuable as it is a point in time snapshot of files and email based on the date of the backup. However, this data is often not leveraged as it has been expensive to identify and collect. Index Engines cloud-based discovery service for backup tapes, powered by Index Engines patented direct indexing and extraction technology, solves this problem. Attend this webinar and learn more. Jim McGann, VP of Information Discovery for Index Engines presents. Victoria Edelman, Vice President of Education for the ALSP and Director of Training for iCONECT Development, facilitates.

Thursday, May 12, 2011 1:00 pm Eastern Daylight Saving Time (New York)
Duration: 1 hour
Click here to register.

 

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e-Discovery Origins: Zubulake | e-Lessons Learned

e-Lessons Learned is a great blog for following case law updates in the e-discovery world. As they point out below, anyone getting started in understanding why we do what we in e-discovery should learn about the Zubulake case.

 

Welcome to our signature feature, e-Discovery Origins: Zubulake, designed to give readers a primer on the e-discovery movement through blog posts about Zubulake, the series of court opinions that helped form the foundation for e-discovery. e-Discovery Origins: Zubulake takes each Zubulake decision and distills its key elements into what has become our trademark – simple, witty, easy to understand e-Lessons.

e-Discovery Origins: Zubulake also takes a behind-the-scenes look at those who have most influenced the e-discovery movement and offers insight into their contributions. As one leading e-discovery guru put it, “if you are a novice to e-discovery case law this is a must read.”

via e-Discovery Origins: Zubulake | e-Lessons Learned.

Trial Court Says New York’s “Requester Pays” Rule Applies Only to Data That Is Not Readily Available : E-Discovery Law Alert

As discussed in a recent post, there exists a dichotomy between the New York state and federal courts with respect to which party should bear the cost of producing inaccessible data

via Trial Court Says New York’s “Requester Pays” Rule Applies Only to Data That Is Not Readily Available : E-Discovery Law Alert.

 

Additional coverage of this case can be found here:

Message to eDiscovery Defendants: Pay-As-You-Go

Google Scholar

 

e-Discovery Case Law Update Winter/Spring 2011 | Fios, Inc.

e-Discovery Case Law Update Winter/Spring 2011 | Fios, Inc..

This webinar is FREE and will be live in a few weeks… don’t worry if you miss it… Fios always records their webinars so this will likely be available on demand later.

 

Wednesday April 06, 2011 01:00 PM ET (60 minutes)

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.

Social Media, Permanent Records and eDiscovery

Social Media, Permanent Records and eDiscovery | E-Discovery Resources & Information – DiscoveryResources.org.

This article provides a thorough overview of the current discussion and research on social media’s impact on electronic discovery.

Key Learning Points Include:

  • harvesting social media for legal purposes
  • legal holds, preservation and archiving
  • current case law references
  • authenticating evidence
  • privacy and other issues

Self-Collection Prohibited in Delaware & Why Self-Collection is a Bad Idea for ESI

On the issue of self-collection, when the Court says not to “rely on a defendant to search their own e-mail system” and “we don’t rely on people who are defendants to decide what documents are responsive,” I believe the Court refers specifically to the practice of a client acting as document reviewer and sole arbiter of responsiveness. That is well understood to be a bad practice, so there is nothing shocking about this pronouncement.

via Self-Collection Prohibited in Delaware : Delaware eDiscovery Report.

E-Discovery project management thought leaders suggest that at a bare minimum ESI collection is completed with meaningful supervision.

Another recent blog post discusses why self-collection is increasingly not a best e-discovery management practice.

Update: one more blogger reviews a case regarding the dangers of self-collection here

Law.com – 6 Factors Help Avoid an E-Discovery Disaster

Law.com – 6 Factors Help Avoid an E-Discovery Disaster.

This is a good check list for preparing for your discovery conference with the other side or simply preparing for litigation in general. The six factors detailed in the article are:

  1. Preserve Relevant ESI – author provides a case example
  2. Confer with your Opponent – describes importance and practicality of the meet n confer, also provides tips
  3. Collect Data Intelligently – it is no longer acceptable practice to do this yourself, at a minimum, meaningful supervision is required
  4. Rely on your Vendor – but be careful not to over delegate to the point that you don’t know what’s going with your project
  5. Consider using Hosted Databases – there are lots of reasons this is a good idea, probably the best one being that it provides a predictable cost for your budget plan
  6. If all else Fails, Go to Court – ediscovery project management best practices will hopefully help everyone avoid this scenario and the Sedona Conference’s Cooperation Proclamation strongly discourages discovery disputes but we know that that will happen in some cases so it’s best to be prepared

You’ll find many other checklists for discovery preparation on the internet. This article provides recent case law examples as reference points.

Employment Alert: New Jersey Supreme Court Finds Privacy Rights in Employee E-Mails

Employment Alert: New Jersey Supreme Court Finds Privacy Rights in Employee E-Mails.

Earlier this year in the Quon case, we learned that if you’re sending personal messages via your company-issued PDA or cell phone, you do not have any right to privacy. It’s their phone. Interestingly,  this case from March 2010 (decided prior to Quon) held that

…an employee had a legitimate expectation of privacy in e-mail communications that she sent to her attorney through her personal web-based e-mail account using her employer’s laptop computer. The decision in Stengart results from an employer’s failure to provide adequate warning to its employees in an electronic communications policy that personal e-mails may be recovered—and read—if they are sent through the employer’s electronic system. Stengart teaches the importance of providing employees with clear notice that their privacy rights are limited in the workplace.

Another reference to a discussion about this case can be found here. The “fine print” and learning point is that if employers have a clearly defined policy regarding privacy rights in the workplace, then those rights can be limited.