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

e-discovery 2.0 » Searching… TREC Legal Track

e-discovery 2.0 » Blog Archive » Electronic Discovery, EDiscovery, E-Discovery, Legal Discovery.

Clearwell Systems has been keeping up with the latest discussion and trends in searching thanks to its participation in the TREC Legal Track. Here they discuss and link to the latest white paper which analyzes “the task of producing specific records in response to a `discovery request'”

This is a very high-level discussion on searching technology that will aid you in discussing application vendor claims about how their search & retrieval technology is better than the next guy.

In an e-discovery world where simple keyword searching is no longer considered a reasonable effort, it is recommended that you learn all you can about how to turn your mountain of data into a mole hill in the most efficient and cost effective way possible.

Once is Not Enough: The Case for Using an Iterative Approach to Choosing and Applying Selection Criteria in Discovery « The Electronic Discovery Reference Model

Once is Not Enough: The Case for Using an Iterative Approach to Choosing and Applying Selection Criteria in Discovery « The Electronic Discovery Reference Model.

This white paper is part of a series by the team at the Electronic Discovery Reference Model (EDRM.net).

Key learning points include:

  • latest industry thought on searching ESI
  • measuring the effectiveness of searches
  • ways to contain costs through searching & culling data
  • ways to mitigate risks associated with searching ESI