A good basic overview on how to assess the opposing side’s production.
“K&L Gates’ Thomas Smith said sanctions are a bigger fear for attorneys who don’t understand the applicable rules than for those who know the rules and case law.”
“The bottom line is that having the best litigation strategy to defend against an employment discrimination claim means very little if it is unconnected to meeting basic e-discovery preservation obligations.”
A look at targeted vs. forensic image collections and common practices.
An easy to understand description of what the elusive term “cloud” means and how it’s changing the world of e-discovery. ” The cloud will make EDD easier and cheaper while improving the quality and efficiency of preservation, search, review and production.”
”If you are proactive and you have taken prudent steps, it changes the control of the conversation.”
“A lot of the costs in e-discovery are driven by paranoia because counsel or the party themselves don’t really know the rules and don’t know what the case law says, and they misunderstand and think we have to collect every single thing,”…
There are still no clear-cut rules for allowing social media as evidence. ”…In its ruling, the Appellate Court said social media messages are analogous to hand-written statements, which can be forged. When the purported writer denies writing the statement, it is up to the person proposing its admission into evidence to prove its authenticity.”
Craig Ball looks at the NIST list and performs his own research on how up to date and effective it is.