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A Litigator’s Guide to Handling Cloud-based Ediscovery and Documents

Newer scalable cloud computing allows firms to access substantial processing and review capacity when needed, at a fraction of traditional costs. When properly addressed, security increases in a cloud environment. This is a result of dedicated security staff, locked down data centers, data center certifications, full data encryption, and overall best practices security and confidentiality. These improvements amazingly come at a lower cost than traditional approaches.

Key Points

  • The Challenge of Big Data in Litigation
  • What is the Cloud?
  • How does Cloud Technology Apply to e-Discovery?
  • Cloud Best Practices & Advantages By Case Stage
  • Summary
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Top 10 Things a Litigatator Needs to Know About Handling Email in Edsicovery

Emails and their attachments represent an increasingly significant portion of ESI (Electronically Stored Information) collections and for good reason, too. The hundreds of billions of emails that are sent daily paint a comprehensive picture of our personal and professional lives, so it is no wonder that litigators must thoroughly and effectively review these collections for relevant case material. All too often, the “smoking gun” is hiding in .msg files and their attachments, but the peculiarities of email format can make this key evidence difficult to find, process for review, search, and produce.

Key Points

  • Email Volumes are Growing Rapidly
  • Email Can Exist in Many Places
  • Headers Include Critical Case Information
  • Email Senders Can Be Spoofed
  • Email Time Zones Should be Normalized
  • Email Deduplication Removes Unneeded Email
  • NearDup Groupings for Mass Coding & Threading
  • Metadata and Families Speed Review
  • Processing is Needed to Enable Searchability
  • Be Careful How You Produce Email
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Best Practices: Finding Holes in Productions

As document productions have ballooned in size, determining if a production is adequate has become increasingly difficult. The days of judges and magistrates turning a blind eye to bad discovery are over. So plaintiffs and defendants increasingly need to know if productions are adequate and defensible, or instead are riddled with obvious data holes.

Key Points

  • Receiving Party’s Complaints About Productions
  • Increased Scrutiny of Productions
  • Bates Gaps
  • Areas for Examination
  • Causes for Inadvertent Exclusion of Material
  • Leveraging Metadata to Analyze Production
  • Email Mapping
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A Litigator’s Guide to Negotiating Ediscovery Requirements

With the explosion of electronic documents and electronic stored information in modern complex litigation, the how and why of eDiscovery processing has become increasingly important. When done effectively, large document collections can be defensibly reduced, made fully searchable, and normalized to an easily reviewable format to speed and ease document review.

Key Points

  • What are ESI Agreements, etc.
  • Why Increasingly Important
  • Legal Requirements
  • Particular Points for Inclusion
    • ESI collection activities
    • Review procedures: linear, search, TAR
    • Production Format
    • Privileged information
    • Miscellaneous items
  • Reference Guide for Examples of Protocols, Requirements, etc.
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Organizing Deponents, Custodians and Other Case Participants

Some cases contain a confusing multitude of parties, data custodians, potential deponents, third-party subpoena targets. Keeping track of who’s who can be a challenge. Learn best practices for how to organize and use as a basis for effective eDiscovery, depositions and case chronologies.

Key Points

  • Who’s on First? Why Bother Organizing and Mapping Early
  • Defining Terms
  • Conflict of Interest Checks
  • Data Custodians – Map and Preserve Your Case Data
  • Early Case Assessment – Know your case strength
  • Build Out Evidence Timelines
  • Be Proactive in Depositions and Motion Practice
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