eDiscovery

FindLaw's Legal Technology Center's eDiscovery collection includes free articles on one of the biggest topics in legal technology. In 2005, the Federal Rules of Civil Procedure (FRCP) were amended to integrate electronic discovery into the litigation process. Understanding these complex rules may be crucial to the success of your legal matter.
Electronic Discovery
eDiscovery Articles
    • eDiscovery Certifications: Which One Is Right for You?

      From private companies to associations and organizations, litigation support professionals and lawyers have many options to become "certified" in e-discovery. These programs offer different curricula and certification upon completion.

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    • Self-Collection: The Good, the Bad and the Ugly

      You need to collect data in response to a discovery request. Do you hire a forensic consultant? Or can you rely on your own IT staff or counsel to handle it? Find out more about when self-collection is, and is not, appropriate.  

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    • Examining the eDiscovery Landscape After the 2006 FRCP Changes

      Failure to comply with electronic production obligations can lead to serious sanctions, sometimes to the tune of millions of dollars. Let's examine important issues that have arisen and how courts have ruled in the aftermath of the FRCP amendments that became effective on December 1, 2006.

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    • eDiscovery Across Borders I: Practical and Legal Aspects of Multi-Jurisdictional Discovery and Data Collection

      In today's business, all information is electronic. Paper may have been heavy, hard to store, and time-consuming to review-but it was a tangible thing, easy to inventory, and it tended to be limited in volume, even in the largest cases. Electronic communication has led to exponential increases in the amount of data that companies store, and the locations where the information is stored.  

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    • The Power of Pre-Discovery

      Electronic discovery is about fact finding, accuracy, truth . . . and money. Corporate clients pay millions of dollars, in some cases, for the time and expertise of their lawyers and technologists. These costs are rising, the direct result of rising quantities of discoverable electronically stored information (ESI).

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    • What's New with In-House Review Platforms

      Do we keep our current review platform or upgrade to one of the newer in-house models? For many law firms, now's the time to ask that question.

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    • Predictive Coding Primer

      Predictive coding (also known as technology assisted review) heavily leverages statistics to reduce the time needed to examine large document sets that in the past may have taken a group of attorney reviewers weeks or months to review at great cost. What are the benefits and risks involved with this tool?

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    • Discovery of Facebook and Other Social Media Postings

      Have you ever received a call or letter from opposing counsel, "kindly" advising you that they discovered an incriminating photo on your personal injury client's Facebook page that shows your client performing ski jumps at a time when they were allegedly injured and unable to work?

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    • The Dangers of Using Evidentiary Recordings Without Transcripts

      Written transcripts of audio evidence are an extremely helpful tool in defending litigation. Frequently, in both civil and criminal trials, recordings to be placed into evidence by the prosecution are submitted to the defense without the accompaniment of a transcript. This article will explain some of the dangers associated with using audio evidence without a transcript.

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    • Anonymous Bloggers and the First Amendment

      There is guidance from the courts that may help your company increase its chances of identifying anonymous bloggers who may be liable for claims such as copyright infringement, trademark infringement, or defamation.

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