The eDiscovery Trenches

You like lofty eDiscovery ideas as much as the next person, you enjoy a good journal article, you debate what “process defensibility” means, you like to think you can define “reasonableness, you even enjoy dreaming about the possibilities of push-button discovery – but you live and toil in the trenches. You have your sleeves rolled up, you’re up to your elbows in data (if not in over your head), and you need something practical. You need tips and strategies to get work done, not a bunch of “well it depends.” Here we will present practical tips on how to approach various aspects of the eDiscovery process. Now don’t forget our disclaimer, that still applies, but in this section we will jump into the trenches with you, roll up our sleeves, and get our hands dirty, if not dirtier than they already are.

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So How Did You Fall Into eDiscovery?

Expert's Edge, Syndicated Posts, The eDiscovery Trenches, Video

If you have not caught Tom O’Connor and Rachi Messing’s ongoing interviews with old school eDiscovery personalities, you should. Their interviews include Duane Lites of Jackson Walker, Ian Campbell of iCONECT, Gene Eames of Pfizer, Chris Dale of the eDisclosure Information Project and many more talented peers. Because there was no ‘eDiscovery career’ when many […]

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George Carlin 34256
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Go Ahead, Be Obscene in that Teams Meeting

Brass Techs, Syndicated Posts, The Business Case, The eDiscovery Trenches, Tools of the Trade

The Obscenity list was one of the first automatic classification lists my team built into our Summation databases back in the bad old Enron days. We were one of the first defendants forced to search and review native raw email from the Exchange journal. Energy traders had filthy mouths and it was an easy way […]

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Digital Transformation
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Teams Workspace Hubs = ESI Evolution

Brass Techs, Expert's Edge, Syndicated Posts, The eDiscovery Trenches, Tools of the Trade

Microsoft and Google are busy re-inventing how knowledge workers collaborate. Many of us have stumbled onto complex sets of interdependent Excel workbooks being shared by accounting, sales and other teams. With good chain-of-custody procedures, I have reconfigured environments so that counsel or experts could manually review these ‘semi-structured’ file sets to extract potentially relevant snapshots. […]

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Horse Racing
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Does Fiduciary Duty in Adversarial System Engender Conformation Bias in eDiscovery?

ePourri, Expert's Edge, Syndicated Posts, The eDiscovery Trenches

Charles Chaffin’s Numb: How the Information Age Dulls Our Senses and How We Can Get them Back on conformation bias got me thinking about our new generation A.I. review systems. Legal practitioners have long known about the dangers of conformation bias blinding them to key facts adverse to their client’s positions. I am not an […]

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Boil The Ocean A Bit And Become Readybydesign
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Custodian Working Styles – Key to Deciphering Decisions?

Expert's Edge, Syndicated Posts, The eDiscovery Trenches

The recent raft of spoliation sanctions like Iacovacci v. Brevet Holdings, LLC seem to share fundamental misunderstandings around where key decision communications resided and how to preserve them. Broadly worded legal hold notices do indeed usually cover text and chat messages. Rarely do they convey practical instructions on preservation. In my opinion, these informal communication […]

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