Discovery of “documents” in litigation is now primarily, at times exclusively, the practice of managing, reviewing and using electronic data. This manual will cover what legal practitioners need to know to keep up with the ever-changing way data is created, stored, and used as evidence in litigation. Our experts explain what “Big Data” is and how this avalanche of detailed data can be extremely valuable to the skilled legal practitioner in litigation, performing due diligence or conducting an audit or investigation.
Summary of Contents
How to Talk to Your Clients About eDiscovery (Slides)
- What Is eDiscovery?
- Why Should You Care About eDiscovery?
- How Do You Approach eDiscovery?
- How Do You Talk to Your Clients About eDiscovery?
- How to Talk to eDiscover Vendors/Professionals?
- War Stories and Cautionary Tales
Your Story: Narrated by Data (Slides)
Takeaways from “Ethical Quandaries in Discovery
- Legal Hold Ethics
- Document Collection
- Third Parties
- Removal of Online Data
- Backup Tapes
- Obligations in Joint Defense Situations
- Preservation of ESI on Personal Systems
- Scheduling, Legitimate Objections
- Use of Boilerplate
- Metadata Mining
- Metadata Awareness
- Use of Technology Assisted Review
- Offshore Review, Supervision
- Review and Production by Staffing Agencies
- Hard Copy Materials, Confidentiality