Discovery Lessons Learned in the first half of 2010 by William E. O’Neil, Jr, Esq. It has been an interesting first half of the year for e-Discovery cases. The “Pension Committee” case “revisited” the Zubalake decisions and re-affirmed the duties for legal counsel when managing the Discovery & legal hold processes.  But, it still seems [...]

Does the Pension Committee Amended Opinion and Order Go Far Enough? The Pension Committee Blog Series On January 1, 2010, Judge Scheindlin re-established her ability to captivate legal audiences by authoring an opinion that struck fear into the hearts of many litigators and the parties they represent. Dubbed “Zubulake Revisited: Six Years Later”, the Pension [...]

Top 5 Considerations For ECA Investments By James Shook, Esq., EMC SourceOne eDiscovery Expert Having an Early Case Assessment (ECA) capability is absolutely imperative for corporations to deliver rapid insight into a potential or pending litigation, so that the corporation can determine risk and exposure quickly and accurately.   What are the top five considerations corporate [...]

Question: What does bringing e-discovery “in-house” mean, and why is it important? Jake Frazier: E-discovery is a process fraught with risk of non-compliance, which results in huge costs that can be incurred when undergoing that process. Historically, companies have relied on outside vendors and consultants to do a lot of e-discovery for them. However, as [...]

CSI For Lawyers – The Hash Value and Digital Fingerprints Question: What is the technology that is the most challenging for legal professionals today? James D. Shook, Esq., CIPP Shook: In my opinion, hashing algorithms remain one of the greatest but least understood technologies in the legal world.  A hashing algorithm takes an electronic “file” [...]

Question: What are the Top Three eDiscovery challenges that organization face today? O’Neil: Most organizations whether public companies, privately held companies, public entities or non-profit organizations deal with some form of audit, internal or external investigation or litigation requiring preservation of information.  Most deal with a combination of all three, yet have not established standardized [...]

Question: Are there industry verticals where eDiscovery is more predominate or more challenging than in other verticals? O’Neil: The short answer is that heavily regulated industries like financial services, life sciences, and health care providers typically have a significant number of legal and regulatory events requiring preservation and production of electronically stored information (ESI) on [...]

Question: In your experience, what is the top three eDiscovery challenges you seen? Maher: In my experience in talking with IT and legal personnel at some of the largest corporations, their biggest pain points are: Legal’s expectation of IT to keep “everything forever” IT’s frustration with Legal’s “analysis paralysis” Level of business disruption with each [...]

In this issue of eDiscovery StraightTalk, we interview James D. Shook, Esq., CIPP, a noted attorney, author, lecturer and a recognized eDiscovery and Compliance legal expert. SourceOne Kazeon asks the questions and Jim gives us the straight talk on what the challenges and issues are in eDiscovery deployments across the Fortune 500. There are certainly [...]