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
- Tagged automated review, case law references, Case Law Reviews, case summary, checklists, cooperation, cost containment, defensibility, EDD Project Management, Forensics & Collection, information governance, Legal Holds, litigation response plan, Production, technology, vendor sponsored
Why do you need to learn more about e-discovery? Your workplace or your client’s workplace is changing. Or has changed. E-discovery project management is the new normal. In fact, e-discovery has been around longer than you think…
Here’s why you should take the time to learn more about e-discovery (adapted from a recent article on integrating e-discovery into normal operations):
- Electronic Discovery can be complicated and has created the need to streamline the process and standardize workflow management for defensibility.
- Electronic Discovery exposes organizations to a greater risk when repeatable processes are not implemented. According to most industry think tanks, including The Sedona Conference, the best way to reduce risk in e-discovery is through implementing basic project management processes and methodologies.
- Between 1995 – 2000, most businesses made the transition from paper to digital in all communications and record-keeping. In 1970, the FRCP included digital documents in their definition of what was discoverable. In 2006, the FRCP revised their rules to specifically reference ESI (electronically stored information), to include documents that were stored, created and used in an electronic or digital format. To be clear, not a lot of businesses managed their information digitally until the late 1990s so the great unmanageable volume explosion that sparked the broader industry interest in e-discovery didn’t show up in litigation matters until a few years later. However, in larger litigation matters, the problem existed by the late 1990s as described in a 1999 article by Ken Withers. The December 2006 FRCP update simply updated the “wording” of the rule that had been in place since 1970 regarding the definition of a document. So I guess, our new normal is really our old normal?
- The data explosion is a problem for those who are/were not managing their data well. The downturn in the economy only exacerbated this issue as the unruly data stores found themselves a part of duty to preserve order and discoverable in litigation. Corporate legal department budgets are under increased scrutiny and now are required to follow the same project management methods other business units have followed for years to manage expenses and deliverables. How do we reign in the cost to move discoverable electronically stored information through the discovery machine? Two words: project management.
E-Discovery does not have to be complicated. Learning about e-discovery does not have to be complicated. It simply requires some time and thought on the front end to draw a map that clearly states what needs to be done, when and by whom. Then do it. And keep track of what is being done so that the next time, you are not reinventing the wheel. Creating and developing a standard operational process for your organization will involve learning about each phase of the Electronic Discovery Reference Model (EDRM) so that you know what needs to be done at a minimum and in the “big picture” sense for each phase. It’s next to impossible to effectively participate in a conversation about which approach your organization should take in developing or following a standard if you really do not have a clear understanding of e-discovery basics. It’s both case law and technology. You should learn about e-discovery because the “new normal” in today’s litigation practice requires you to project manage discovery in a way that reduces risk, is defensible and allows your team of great legal minds to focus on strategy and the merits of the case.
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:
The Sedona Conference.
The Sedona Conference®, the nation’s leading non-partisan, non-profit law-and-policy think tank, is actually doing something about it. Leading jurists, trial attorneys, corporate counsel, government lawyers, and others are signing onto “The Cooperation Proclamation.” By doing so, they are pledging to reverse the legal culture of adversarial discovery that is driving up costs and delaying justice; to help create “toolkits” of model case management techniques and resources for the Bench, inside counsel, and outside counsel to facilitate proportionality and cooperation in discovery; and to help create a network of trained electronic discovery mediators available to parties in state and federal courts nationwide, regardless of technical sophistication, financial resources, or the size of the matter.
You will also find here:
- Judicial Opinions
- Legal Scholarship
- Press Coverage
- Virtual Press Conference
Other resources that discuss the significance and practical implementation include:
Early case assessment – Wikipedia, the free encyclopedia.
I would recommend learning about early case assessment by reviewing the Wikipedia entry on ECA first. Then take a look at the article by Eric Barnum that discusses ECA with or without technology. This article is critical to understanding the attorney point of view as well as the fact that lawyers have been doing ECA for decades and it really has nothing to do with e-discovery. However, because of e-discovery, it is not a step in the litigation process that can be skipped. And finally, George Socha and Tom Gelbmann bring everything together in a recent article from Law Technology News.
Gibson Dunn – 2010 Mid-Year Electronic Discovery and Information Law Update.
Law firm report reviews e-discovery trends for the first half of 2010.
Topics addressed include:
- the application of FRE 502
- Search Methodology
- Social Networking
- Government EDD Responsibilities
- International EDD
Update: Whenever a major report like this one is published, you can expect many industry experts & service providers to offer their observations and interpretations. This can be extremely valuable beyond reviewing the raw data of the report as information is translated into key trends, best practices and practical ideas for improving your e-discovery process.
The e-Discovery Team / Ralph Losey
The eDiscovery Paradigm Shift
Legal Technology Today
I’m sure I’ll add a few more over the next few weeks …
- Tagged business records, case law references, cooperation, EDD Project Management, Forensics & Collection, General, Legal Holds, preservation, privilege, Production, quality control, sanctions, Searching
Rearden-Pepper-IfSedonaConfBuilds.pdf (application/pdf Object).
This article provides a good review of the Sedona Conference’s “Cooperation Proclamation” and discusses the value in practical cooperation.