Covering the Basics

Last year, Gibson Dunn issued a new series of client alerts covering the basics of what practicing litigators and corporate counsel should know about electronic discovery.  There are 11 alerts ranging from general overviews to admissibility of electronic evidence.  Also, a quick search of their publications page will return many other alerts and articles on the topic of e-discovery.

 

Are you ready for the new year?

Are you ready for 2012? Have you aligned your career goals with your personal goals? What do you need to learn about electronic discovery in order to achieve your professional goals for this year?

Let’s take a look at some of the predictions from industry insiders for what we can expect in 2012:

What do you think? Do you have any predictions of your own? If you’re planning to go to Legal Tech NY in a few weeks, what are you hoping to learn more about while you’re there? New techniques for managing electronic discovery and/or new technology? What did you learn in 2011 that will save you and your team both time and money in 2012?

The 8 Habits of Highly Effective Project Managers

The PM Student blog (a fantastic resource for anyone interested in learning to be a better project manager) covers the The 8 Habits of Highly Effective Project Managers in a recent post. I’ve listed them below with links to additional resources for you to explore as you work towards building better habits as an e-discovery project manager.

1.  Effective Project Managers Are Lifelong Learners

2.  Effective Project Managers Are Clear Communicators

3.  Effective Project Managers Are Analytical

4.  Effective Project Managers Are Focused

5.  Effective Project Managers Value Planning

6.  Effective Project Managers Are Empathetic

7.  Effective Project Managers Are Self-Starters

8.  Effective Project Managers Are Good Listeners

If you were to add two more habits to this list, what would they be?

BC Law Intellectual Property & Technology Forum & Journal – Avoid the Rainy Day: Survey of U.S. Cloud Computing Caselaw

Cloud computing, a computer networking model that gives users on-demand access to shared software applications and data storage, [1] is becoming increasingly popular among businesses and individuals. For example, if you use Google’s Gmail[2] for your email and calendaring, or Snapfish[3] for your online photo sharing and storage; or if your business remotely stores data with a third-party server provider like Salesforce,[4] or uses Windows Azure[5] to create and host web applications and services, you are already “floating in a cloud.” To provide guidance to those companies working within a cloud – *2 or those considering utilizing cloud computing – this article surveys U.S. cases that have direct, substantive implications for cloud users. These cases implicate issues of personal jurisdiction, privacy rights, e-discovery, and copyright infringement.[6] We also take a brief look at the newest case on the cloud computing horizon, Google v. The United States.[7]

via BC Law Intellectual Property & Technology Forum & Journal – Avoid the Rainy Day: Survey of U.S. Cloud Computing Caselaw.

E-Discovery Today: The Fault Lies Not In Our Rules . . .

hausfeld.pdf (application/pdf Object).

THE FEDERAL COURTS LAW REVIEW
Volume 4, Issue 2
2011
E-Discovery Today:
The Fault Lies Not In Our Rules . . .
Milberg LLP and Hausfeld LLP*
TABLE OF CONTENTS
I. INTRODUCTION ……………………………………………………………………….. 2
II. STATE OF THE UNION ………………………………………………………………. 6
A. The Reality of Electronic Discovery and the Data Deluge ……… 6
B. The Essential Role of Discovery in American Jurisprudence: Valuing Fair Resolution on the Merits Over Gamesmanship …………………………………………………………………. 7
C. The 2006 Amendments to the Federal Rules Were Designed to Address the Unique Issues Raised by Electronic Discovery ……………………………………………………….. 11
III. THE CURRENT FEDERAL RULES ARE WORKING ………………………… 14
A. Although The Amended Rules Have Been in Effect for Only Three Years, the Available Evidence Shows the Rules Are Working ………………………………………………………………….. 14
B. The Current Rules Protect Against Overbroad or Overly Burdensome E-Discovery: The Importance of Proportionality ………………… 20
C. There Has Been a Quantum Leap in the Development of E-Discovery Law Since the 2006 Amendments ………………….. 23
D. Use of Pretrial Conferences and Scheduling Orders is
* This paper was written by Milberg LLP and Hausfeld LLP for presentation to the Conference on Civil Litigation sponsored by the Advisory Committee on Civil Rules, held at Duke University Law School on May 10 and 11, 2010 (the “Duke Conference”).

Attorney-Client Privilege and ESI

2011dltr001.pdf (application/pdf Object).

THE ATTORNEY-CLIENT PRIVILEGE
AND DISCOVERY OF ELECTRONICALLY STORED
INFORMATION

ABSTRACT
The attorney-client privilege is the most sacred and important
privilege in our legal system. Despite being at the center of daily
practice, the privilege still remains a mystery for many lawyers.
This is primarily because the privilege is not absolute, and there
are certain actions or non-actions that may waive it.
The application of the privilege is further complicated by
electronic discovery, which has both benefits and drawbacks. On
one hand, it has made the practice of law more efficient. On the
other hand, it has made it easier to inadvertently waive the
attorney-client privilege in response to a discovery request. This
iBrief examines attorney-client privilege issues that may arise
during e-discovery, and provides practical guidelines for attorneys
responding to e-discovery requests.

The Concise Guide To E-Discovery | TechRepublic

E-discovery capabilities are no longer an option – they are a critical “must have” capability that will enable organizations to respond to legal actions and be much more proactive about how legal actions, regulatory audits and related activities are managed. New statutes at all levels of government focused on ESI, as well as a growing body of court rulings, are making the discovery and presentation of electronic data more important.

Key questions answered in this white paper include:

* Should e-discovery be a top priority for your company?

* What can the right e-discovery capabilities do for your company?

* What are the key e-discovery issues to understand?

* What should you do next?

via The Concise Guide To E-Discovery | TechRepublic.

Commentary on Proportionality: The Sedona Conference

The Sedona Conference. – Follow this link to the Sedona Conference website to download your copy of their latest publication commenting on proportionality.

 

Here’s what others have had to say about it so far:

Today The Sedona Conference® made available its Commentary on Proportionality in Electronic Discovery.  The commentary (published as a “public comment version”) provides valuable insight and guidance on one of the hottest topics in e-discovery today.  Among other things, the publication identifies six Principles of Proportionality, intended to “provide a framework for the application of the doctrine of proportionality to all aspects of electronic discovery.”

Electronic Discovery Law (blog)

 

The lawyers who really know how to use these new inventions, or have licenses and training to use them, will eventually be able to meet the review deadlines. They will be able to do so without employing an army of reviewers and breaking the bank. That is the brute-force technique now used, dare I say enjoyed, by many law firms today. Clients will eventually awaken from the spell of old paper models, where attorneys eyes on every page is considered necessary. Big corporate clients will eventually stop rewarding inefficiency. In the near future, quality privileged document review may be accomplished in short order. The law firms and corporations that learn how to do this, and how to properly argue proportionality, will have a distinct competitive advantage. They will have a new Patronus to defeat the Dementors. Only they can defeat the Dark Lords and keep their secrets, secret.

The e-Discovery Team (blog)

 

Also check out the eDiscovery Journal‘s perspective on this topic

Analysis Guide « The Electronic Discovery Reference Model

Analysis of your ESI Management & Workflow throughout the lifecycle of the matter is extremely important. Review this section of the EDRM to understand how to manage your ESI process in a defensible manner.

Analysis Chart

Aim: To develop, facilitate, test and validate processes for handling e-discovery efforts.

Goal: Assess and understand ESI throughout the life of the case for the purpose of making educated decisions and developing a defensible, strategic plan.

via Analysis Guide « The Electronic Discovery Reference Model.

Why organisations are bringing eDiscovery in house: it’s time to call a spade a spade – part one | Info Risk Awareness

Why organisations are bringing eDiscovery in house: it’s time to call a spade a spade – part one | Info Risk Awareness.

Trends in e-discovery project management and specifically in cost containment are pointing to managing the process internally for corporations. Other resources that address this are listed below: