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
    • Self-Collection - The Good, the Bad and the Ugly
      Provided by Tony Merlino of DTI
      Understand the risks associated with data self-collection and the situations when it is necessary to call in forensic experts.

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    • Big Data Technologies, eDiscovery and You
      Provided by Brad Mixner of Global 7 Technologies
      What you need to know about Big Data and its impact on the electronic discovery of your cases.

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    • Amendments to FRCP - Status Quo or Change?
      Provided by Kate Burke Mortensen of Xact Data Discovery
      How will the anticipated amendments to the federal rules change the way attorneys practice law?

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    • The Effectiveness of Technology Assisted Review
      Provided by Caitlin Murphy, Esq. of AccessData
      Learn how to integrate technology assisted review (also known as TAR or predictive coding) as a part of a routine e-discovery process.

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    • It's a Small World After All - Best Practices for Conducting Cross-Border eDiscovery
      Provided by Jonathan D. Shaman of Consilio
      With the right mix of planning, personnel, and technology, organizations can arm themselves with best practices that will enable them to meet the problems posed by the rising tide of global ESI.

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    • Introduction to the New World of eDiscovery
      Provided by Kevin Fayle of FindLaw
      The new amendments to the Federal Rules of Civil Procedure went into effect on December 1, 2006, forever altering the e-discovery landscape. More than ever, it is important for attorneys to understand the lifecycle of "electronically stored information" (ESI) - from its creation and storage, to its production to opposing parties.

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    • eDiscovery Across Borders I: Practical and Legal Aspects of Multi-Jurisdictional Discovery and Data Collection
      Provided by Gary DiBianco and Gary Rubin and Matthew Blake of Skadden, Arps, Slate, Meagher & Flom LLP

      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.

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    • Bringing eDiscovery In-house: How Can You Be Successful?
      Provided by Salim Elkhou

      When done correctly, in-house e-discovery offers numerous advantages: cost-savings, more control and the opportunity to provide better client services.

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    • Hunting for Data: Uncovering the Hidden Gems of Structured Data in eDiscovery
      Provided by Amy Dove of IE Discovery

      Structured data is often part of the information that is relevant to a matter, and it cannot be ignored during discovery. More than that, though, this type of data may contain a treasure trove of information that can be very valuable to a litigator.

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    • Paying the Price for an Unsuccessful "Meet and Confer"
      Provided by Scott Devens of 26-F

      The "Meet and Confer" is one area in which many litigants still struggle to comply with the FRCP and judges' expectations. With the right attitude, the right information and the right technology and processes, litigants can have a successful Meet and Confer that will help counsel on both sides lower risk and improve litigation workflow from suit to settlement or court.

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    • eDiscovery Certifications: Which One Is Right for You?
      Provided by Jonathan Wiley

      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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    • Boom Goes the Dynamite - What U.S. Companies Need to Know About the "Big Bang" in England and Wales Civil Procedure
      Provided by Michael Flanagan of Consilio
      U.S. companies doing business in England and Wales need to be up-to-speed now on the changes that took effect on April 1, 2013 in civil procedure, which should reduce the risk of unanticipated costs and raise the stakes for eDiscovery (or eDisclosure in the U.K.) compliance.

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    • Electronic Discovery Vendor to Expert - It Is All About Trust
      Provided by Danielle Bethea and David Herman of UHY Advisors FLVS, Inc.
      Key questions to ask when identifying eDiscovery Vendors, Solutions Providers and Experts.

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    • Planning for Predictable, Defensible Managed Document Review Outcomes
      Provided by Chuck Pindell of Daegis
      The practice of Managed Document Review (MDR) has developed to alleviate uncertainty, inefficiency and costs associated with document review.

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    • The Impact of Search Engines on Litigation
      Provided by Andrew Zangrilli of FindLaw
      Free electronic publication of court opinions has occurred for over decade, and advanced searching of this online public record has yielded some offensive results for individuals.

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    • What Does "Big Data" Mean in Terms of eDiscovery?
      Provided by Samantha Green, Esq. of Document Technologies, Inc.
      "Big data" is a term that is thrown around frequently, but what does it really mean? Moreover, how does it impact e-discovery?

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    • Fear and Loathing - An Examination of the Underpinnings of eDiscovery
      Provided by Douglas Herman of UHY Advisors FLVS, Inc.
      This article will look at the changing approaches and attitudes around managing ever-growing volumes of data involved in litigation and government investigations.

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    • Discovery of Facebook and other Social Media Postings
      Provided by Anne C. O'Donnell of FindLaw
      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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    • Examining the eDiscovery Landscape After the 2006 FRCP Changes
      Provided by Eric Sinrod of FindLaw
      It has been almost a year since the Federal Rules of Civil Procedure (FRCP) were amended with respect to discovery of electronic data. As can be seen, the stakes are enormous, as failure to comply with electronic production obligations can lead to serious sanctions, sometimes to the tune of millions of dollars.

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    • Predictive Coding Primer
      Provided by Todd Mansbridge of First Advantage Litigation Consulting
      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.

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    • What's New with In-House Review Platforms
      Provided by Imraan A. Bhatti of Keno Kozie Associates
      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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    • Leveling the Playing Field in Litigation
      Provided by Girts Jansons of PowerSearch Software
      Litigation, especially when e-discovery is involved, can be a very costly endeavor. Faced with these costs, clients are often forced to settle a case they feel they could win, since it doesn’t make financial sense to proceed. This results in a loss of business for law firms and a lack of justice for the parties involved. Yet it doesn’t have to be that way.

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    • eDiscovery & Preservation Obligations: Getting Ahead of the Game!
      Provided by Mary Mack, Esq. of Fios, Inc.
      Legal holds and preservation are the hot topic at most of the electronic discovery conferences these days. When faced with anticipated or pending litigation or government investigations, corporations have an obligation to preserve potentially relevant evidence, specifically preventing spoliation or the willful or inadvertent destruction or alteration of relevant documents.

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    • Creating a Defensible Process Through Search, Analytics and Metrics: A Further Look into Rule 502 and Rhoads
      Provided by Michael Dalewitz, Esq. and and Zachary Grendi of Peak Discovery
      Trying to successfully manage a large electronic discovery project is a balancing act. Lawyers and vendors are walking a tight rope trying to keep the cost of the review as low as practicable while simultaneously ensuring that virtually all non-responsive and privileged documents are not produced to opposing counsel.

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    • Mendocino Integrates RecoveryONE "Infinite Snapshot Engine" technology with Ontrack PowerControls Software to Improve Data Recovery on Microsoft Exchange
      Provided by Kroll Ontrack, Inc. of Kroll Ontrack, Inc
      Mendocino Software and Ontrack Data Recovery today announced an agreement to integrate Mendocino's RecoveryONE "infinite snapshot engine" technology with Ontrack PowerControls mailbox recovery software, one of the industry's leading Microsoft Exchange recovery solutions. This integration will bring Microsoft Exchange data recovery for mission-critical applications to an unprecedented level. The resulting product will be available through Mendocino in Q306 and will give customers two key advantages over existing solutions: the ability to capture data without impacting Exchange environments, and the ability to recover Exchange to any desired previous point much more rapidly than is possible today.

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    • What Every Business Owner Needs To Know About eDiscovery
      Provided by Timothy J. Hogan of Beirne, Maynard & Parsons
      Electronic discovery does not refer to a simple, cheap means of responding to requests for information and documents in litigation. It involves searching your company's computer network to locate and produce potentially large volumes of electronically stored items, e.g. emails, attachments, spreadsheets and drawings, and may include producing metadata (data hidden in documents regarding authors and times of document creation) and drafts of documents that have been "deleted" from computers.

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    • The Dangers of Using Evidentiary Recordings Without Transcripts
      Provided by Joel Charles of Joel Charles
      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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    • ZyLAB and e-Disclosure Expert Chris Dale Campaign to Bridge Legal and IT Gap
      Provided by ZyLAB
      Paper and webinar address the challenges of differing priorities and levels of understanding between the departments.

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    • The Cloud: Ethical Obligations for Lawyers in the Modern Era III
      Provided by Stacy O'Neil Jackson of IE Discovery
      As more organizations move their information to the cloud, attorneys must also understand the potential ethical issues involved in storing data off-site on the Internet.

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    • eDiscovery Across Borders II: Strategies for Handling Multi-Jurisdictional Discovery and Data Collection
      Provided by Gary DiBianco and Gary Rubin and Matthew Blake of Skadden, Arps, Slate, Meagher & Flom LLP
      For everyone involved in cross-border discovery, the objective is simple: to collect information in a manner that complies with all applicable laws and regulations while serving the client effectively. But though the objective is simple, achieving it is not. There is no substitute for technical and local expertise, and you should be prepared to engage both in order to effectively manage any crisis with cross-border implications.

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    • HP to Acquire Tower Software, Expanding Capabilities in Fast-growing eDiscovery and Compliance Software Market
      Provided by HP
      HP and Tower Software today announced that they have signed a pre-bid agreement for HP to acquire Tower, a document and records management software company based in Canberra, Australia. The deal will enable HP to expand its offerings in the fast-growing electronic discovery and compliance software market.

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    • Steps for Managing Electronically Stored Information (ESI) Under FRCP
      Provided by Mark P. Diamond of Contoural
      Litigation always, has been, and will continue to be, a reality of doing business. What is changing, however, is discovery and its focus on electronically stored information (often abbreviated ESI). Recent amendments to the Federal Rules of Civil Procedure concerning the discovery of ESI coupled with the explosive growth of electronically stored documents are exposing organizations to new risks and costs during litigation and the subsequent discovery.

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    • Now There is a Way for Corporate Counsel to Take Control of eDiscovery!
      Provided by CaseCentral
      In-house legal teams have daunting responsibilities. Managing multiple teams of outside law firms across multiple cases in disparate jurisdictions is enouch to keep any general counsel awake at night. And the challenges of managing electronic discovery for regulatory and litigation matters has proven to be a recurring nightmare.

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    • Corporate America And Uncle Sam Need To Wake Up To eDiscovery and E-FOIA Obligations II
      Provided by Eric Sinrod of FindLaw
      In this article, FindLaw columnist Eric Sinrod examines the responsibilities of the government and private enterprise pertaining to electronic information under the Federal Rules of Civil Procedure for electronic discovery and the Freedom of Information Act. This installment addresses the Freedom of Information Act; Part One covered electronic discovery issues.

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    • Applying Judicial Common Sense to eDiscovery Burdens
      Provided by Eric Sinrod of FindLaw
      Since the enactment of the electronic discovery amendments to the Federal Rules of Civil Procedure in late-2006, parties have been paranoid that the scope of their production obligations would be gargantuan, and that they would be compelled to search for and provide a wide array of electronic information, at a tremendous financial cost.

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    • Skills, Savvy & Something More: The New eDiscovery Project Manager
      Provided by
      If you know hard drives, tape back-up systems and electronic data exchange protocols from A to Z, you won't necessarily make a good electronic data discovery project manager. If you're a legal professional, intimately familiar with the laws and regulations governing a specific issue in a specific jurisdiction, you may not make a good EDD manager, either. In today's multimillion-dollar, multimillion-document lawsuits and regulatory inquiries, the ideal PMs are a new, absolutely unique breed.

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    • The Five Most Common Pitfalls of Outdated eDiscovery
      Provided by Guidance Software, Inc.
      Guidance Software Inc., The World Leader in Digital Investigations(TM), today outlined the five most common pitfalls associated with outdated approaches to eDiscovery. eDiscovery is now a standard component of the civil litigation process, fostered by a growing awareness among counsel and the bench that much of the evidence is digital. Without the right technology in place, discovery can be an expensive and time consuming experience.

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    • eDiscovery Vendors and Preserving Chain Of Custody
      Provided by
      While sounding so deceptively simple, many chain of custody issues are actually quite challenging to legally uphold when it comes to electronic evidence. This is because, for purposes of authenticity, all potentially relevant electronic data must be accounted for from the discovery phase all the way though trial. At trial, it is crucial to physically document the chain of custody of all potentially relevant data to disprove any actual or possible tampering.

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    • Driving to the FRCP 26(f) Conference: Use a Map, Ask for Directions or Fly Blind?
      Provided by Eric Sedwick of Fios, Inc.
      It's a warm Sunday afternoon. The convertible's idling with the top down and is ready for a drive in the country. You have no idea where you're going or what you'll do when you get there, but it's definitely spontaneous and sounds like fun. So, rather than using a map or asking for directions, you decide to fly blind and just get in the car and drive. If you get lost, no problem; you'll eventually find a gas station and get directions back to the highway.

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    • EDRM Announces XML Standard for eDiscovery Industry
      Provided by The Electronic Discovery Reference Model
      The Electronic Discovery Reference Model ("EDRM"), an industry group created to develop and establish practical guidelines and standards for electronic discovery, today announced that it has developed an Extensible Markup Language (XML) standard for the easy transfer of electronically stored information (ESI) to and from applications involved in different phases of the discovery process.

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    • The Most Significant eDiscovery Cases under New FRCP
      Provided by Kroll Ontrack, Inc
      As the one year anniversary of the amended Federal Rules of Civil Procedure (FRCP) approaches, Kroll Ontrack, the industry's largest provider of electronic discovery and computer forensics services, today announced a breakdown of the reported electronic discovery opinions from 2007 as well as a list of the year's top five most significant discovery cases.

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    • Qualcomm and Attorneys Sanctioned for "Monumental" eDiscovery Violations
      Provided by Kevin Fayle of FindLaw
      In yet another warning about the pitfalls of e-discovery, a judge from the Southern District of California has sanctioned Qualcomm and several of its attorneys for failing to produce tens of thousands of relevant and responsive documents during its patent suit against Broadcom. The company and its lawyers apparently overlooked thousands of damaging emails during the e-discovery process, then sought to cover them up after they emerged at a critical point in the trial.

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    • ISYS Search Software Responds to Microsoft's Agreement to Acquire FAST
      Provided by ISYS Search Software
      Microsoft announced this morning it has to agreed to acquire FAST Search & Transfer for USD$1.2 billion. For Microsoft, it acquires technology that fills many of the gaps in its own enterprise search offerings; and for FAST, this deal yields a rapid exit from what various media and analysts have viewed as a downward spiral for the Oslo, Norway, enterprise search firm.

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    • Guidance Software Highlights Key Recent Legal Developments That Further Bolster the Validity of EnCase
      Provided by Guidance Software, Inc.
      Guidance Software (NASDAQ: GUID) has released the latest edition of The EnCase Legal Journal, an online resource that details recent court rulings and other important legal developments involving the successful use of Guidance Software's EnCase(R) software in eDiscovery matters and criminal prosecutions.

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    • Index Engines Automated Extraction Module Eliminates the Need for Legacy Backup Environments during eDiscovery
      Provided by Index Engines
      Index Engines, the leader in enterprise discovery solutions, today announced the general availability of the Automated Tape Extraction Module. The Automated Tape Extraction Module combines with the Index Engines Tape Engine to make traditional offline data discovery methods obsolete.

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    • Enterprise eDiscovery: How Advanced Content Analysis Changes the Game in eDiscovery
      Provided by MetaLINCS
      Today's enterprise content, rich in metadata, creates E-Discovery challenges that basic search and retrieval software can't overcome. An effective system must harness the right technologies and apply them effectively for the needs it addresses.

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    • Solved: The Privacy Problem for Legal Data Storage
      Provided by EVault, Inc.
      In a world of growing regulatory requirements surrounding data privacy, IT and business managers must safeguard the data in their care to the utmost of their ability. Here's how to ensure that data privacy is maintained in the data storage environment.

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    • eDiscovery Rules: Interpreting ESI from Federal to State Courts
      Provided by Eric Sedwick of Fios, Inc.
      Following the two-year anniversary of the amendments to the Federal Rules of Civil Procedure (FRCP) approaching, the federal courts are still getting their feet wet in developing a basic understanding of what constitutes electronically stored information (ESI). Is it email? Certainly, but what about the email stored on inaccessible backup tapes or legacy systems from 15 years ago? What about voicemail, instant messages or random access memory (RAM)? Determining what constitutes ESI has direct implications for the overall costs of accessing, collecting, reviewing and producing ESI.

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    • Shepherd Data Services Re-Launches Educational Seminars for Lawyers and Litigation Support Professionals
      Provided by Shepherd Data Services
      Company to offer basic to advanced e-discovery strategies and software training

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    • Document Technologies, Inc. Recognized as Clearwell Systems Certified Gold Partner
      Provided by Document Technologies, Inc.
      DTI receives highest level granted to Clearwell Systems e-discovery partners

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    • e-Stet Celebrates Four-Year Anniversary and Announces Staffing Additions and Technology Investments
      Provided by
      Company makes significant investments to respond to continued growth.

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    • Women in eDiscovery Celebrates 4-Year Anniversary and Launches New Website with Advanced Features for Members
      Provided by Women in eDiscovery
      Women in eDiscovery, a non-profit organization that brings together women interested in technology related to the legal industry, marks its four-year anniversary today. Women in eDiscovery provides women the opportunity to help each other grow personally and professionally through leadership, education, networking support and national recognition. In 2007, the organization held its first meeting in Washington, D.C., with 30 women in attendance. In a short period of time, the organization has achieved global reach with more than 5,400 members.

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    • Need for 'Balanced eDiscovery' Addressed at Fourth Annual eDiscovery Symposium for Government Agencies
      Provided by IE Discovery
      Federal Agencies Held to Same Standard as Fortune 500 Companies, says Judge Facciola.

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    • AccessData Group Named a Visionary in Analyst Firm's Inaugural eDiscovery Magic Quadrant Report
      Provided by AccessData
      Analysis Based on Ability to Execute and Completeness of Vision

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    • AccessData Opens New Office, Training Lab and eDiscovery Hosting Facility in London
      Provided by AccessData
      Growing Demand for AccessData's Computer Forensics, Cyber Security and E-Discovery Technologies Prompt Expansion

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    • Legal Service Providers Association (LSPA) Launches Discovery Services Sales Training Courses
      Provided by
      The LPSA, the only organization dedicated to the growth and promotion of service providers in the legal industry, today announced that it has opened registration for their discovery sales training courses.

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    • LitWorks Announces Updated Course Schedule, New Locations
      Provided by Document Technologies, Inc.
      The nation's largest independent provider of comprehensive discovery and on-site facilities management services, and its wholly-owned training company LitWorks, has released LitWorks' course schedule.

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    • Intelligent Discovery Solutions Launches Enterprise Security Practice
      Provided by Intelligent Discovery Solutions, Inc.
      Industry-leading consultancy staged to assist corporate America with security risk management

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    • Social Media Archiving: Nextpoint Announces Enhanced Collection of LinkedIn Data in the Company's Cloud Preservation Product
      Provided by Nextpoint
      Latest release of company's Cloud Preservation product employs LinkedIn API to dramatically improve collection, search and export of posted data

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    • C2C Announces Advanced eDiscovery Features in ArchiveOne
      Provided by C2C
      IT and legal departments benefit from the simplicity of ArchiveOne in discovering and searching relevant data in PST files

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    • Discovery Mining Debuts Review Search Engine
      Provided by Discovery Mining
      The new Discovery Mining Review Engine 8.0, was recently unveiled to thousands of legal professionals at the LegalTech conference in New York, by electronic discovery technology firm, Discovery Mining, Inc.

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    • E-FOIA: Uncle Sam, Get It Right!
      Provided by Eric Sinrod of FindLaw
      The Freedom of Information Act (FOIA) enables the public to obtain information from the federal government to ascertain, as stated by the Supreme Court, "what the government is up to." After all, a government shrouded in secrecy is not a government by the people and for the people.

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    • DocuLex Introduces First of its Kind EDD Solution in DC Detective
      Provided by DocuLex, Inc.
      DocuLex, Inc, has released a highly innovative and powerful addition to the new version of their Discovery Cracker software. Called DC Detective, this unique technology will not be found in any other electronic discovery solution on the market today.

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    • CaseCentral Redefines Control in eDiscovery
      Provided by CaseCentral
      CaseCentral, the leader in on-demand discovery lifecycle management solutions for corporations and major law firms, today announced that it has brought control and protection to a new level in the eDiscovery world.

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    • SearchInform announces new SourceSafe Connector
      Provided by SearchInform Technologies
      Starting with the current version, SearchInform offers a connector for conducting full text search in the SourceSafe source code storage system. This system is designed not only for storing source codes, but also for simplifying the programmers' work with them by making it more organized.

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    • FRCP 37(f): What the Heck is Good Faith?
      Provided by ZANTAZ
      One of the more significant recent amendments to the Federal Rules of Civil Procedure creates a new "Safe Harbor" provision which, generally speaking, will preclude a court from imposing sanctions against a party for the destruction of electronically stored information if such destruction occurred pursuant to the "routine" operation of an electronic storage system. This operation must occur in good faith - but what exactly does that mean?

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    • SearchInform releases IMSniffer
      Provided by SearchInform Technologies
      SearchInform Technologies announces a new product from its information security line - SearchInform IMSniffer, a product designed to intercept all instant messenger traffic within the network.

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    • Attenex Announces Support for EDRM XML Standard for eDiscovery
      Provided by Attenex Corp.
      Attenex Corp., a leading e-discovery software provider, today announced support for a new Extensible Markup Language (XML) standard, developed by the Electronic Data Reference Model (EDRM) group. This standard is the first of its kind to enable the easy transfer of electronically stored information (ESI) to and from applications involved in different phases of the discovery process.

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    • Spoliation: Dude, What Happened To My Computer?
      Provided by Eric Sinrod of FindLaw
      By now, you have probably heard about how important it is to preserve evidence related to legal proceedings. If you fail to do so, you may receive serious monetary and/or evidentiary sanctions that could essentially gut your legal case.

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    • Nowhere To Run, Nowhere To Hide
      Provided by Eric Sinrod of FindLaw
      George Orwell's 1984 envisioned a world where individuals were controlled and monitored by centralized government. While Orwell was correct in foreseeing evaporating individual privacy, the enemy of privacy is not necessarily government. Indeed, we may only have ourselves to blame for the destruction of privacy that we hold so dear.

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    • Educational Institutions: It Is Time To Get Smart About Security Breaches
      Provided by Eric Sinrod of FindLaw
      We are only a little more than one month into 2008, and already this year is shaping up to be rife with data security incidents for educational institutions. There is no doubt that data maintained at universities contains private and sensitive information. Accordingly, universities should develop and follow best practices to protect this information.

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    • Daticon Announces Safe Harbor Certification
      Provided by Daticon
      Daticon LLC, a leading provider of electronic discovery and litigation support services for nearly 15 years, today announced its certification to the Safe Harbor framework developed by the US Department of Commerce and the European Commission governing the handling of European Union personal data.

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    • Internal IT Corporate Snooping
      Provided by Eric Sinrod of FindLaw
      While companies provide certain rights to information technology and other employees to access specified categories of data, they may not be aware that often those rights are exceeded.

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    • Corporate Counsel Can Control eDiscovery
      Provided by CaseCentral
      Are you in control of e-discovery-or is it controlling you? E-discovery costs and risks have become a major concern, not just to the general counsel, the litigation support team and the CIO, but now also to the CEO, CFO and board.

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    • Current eDiscovery Trends
      Provided by Eric Sinrod of FindLaw
      By now, practically everyone even remotely involved in litigation in the United States knows that discovery of electronic information, E-Discovery, has become a very big deal, especially in light of related amendments to the Federal Rules of Civil Procedure enacted more than a year ago.

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    • eDiscovery Search: How To Get It Right
      Provided by Eric Sinrod of FindLaw
      Even companies that truly want to fulfill their e-discovery obligations properly are struggling to figure out exactly how to get the job done. Indeed, in recent months, the topic of e-discovery "search" has taken center stage. Traditional approaches to sifting through large collections of data for relevant or privileged information, such as keyword and Boolean search, are being called into question by some members of the bar, the bench, and the industry at large.

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    • Former Cendant Compliance Chief Opens Firm Specializing in Records Management and eDiscovery
      Provided by Lexakos
      As the December 1 effective date approaches for new federal rules requiring early disclosure of electronically stored information (ESI) in every court case, the former head of compliance for Cendant has established an advisory group to assist organizations and legal-services providers in navigating what will be rough seas ahead.

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    • Controlling eDiscovery Cost: Preparation and Organized Response
      Provided by Martin D. Beirne and Donald W. Towe and David A. Pluchinsky of Beirne, Maynard & Parsons
      The sending of a "preservation" letter is rapidly becoming the norm in litigation today. The typical preservation letter demands that your client sequester its entire computer network and each employee's PC at Fort Knox, pending the final resolution of either anticipated or currently pending litigation. Such tactics are clearly designed to raise the cost of litigation while at the same time positioning your opponent to seek a spoliation instruction as well as any other sanction that the presiding court may order against either the client or the attorney in charge.

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    • Failing To Preserve Electronic Evidence Can Gut Your Case
      Provided by Eric Sinrod of FindLaw
      If you want to succeed in litigation these days, it is imperative that relevant electronic data be preserved. The destruction of such data can lead to serious adverse evidentiary inferences, as illuminated by a very recent case.

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    • Index Engines Addresses eDiscovery Challenges Posed by FRCP
      Provided by Index Engines
      Studies from leading industry analysts at Enterprise Strategy Group reveal that traditional discovery processes involving corporate counsel and external attorneys are becoming increasingly complicated as attorneys need to rely on IT departments to search desktops, servers, backup tapes, e-mail applications and other data center systems.

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    • Conducting Speedy Investigations That Involve Email
      Provided by InBoxer, Inc.
      Timely detection, "rapid and current" disclosure, "conduct a reasonable investigation to promptly determine ...", "the most expedient time possible and without unreasonable delay", and "immediate and appropriate corrective action." These are just a few of the phrases used by legislation, regulation, and the U.S. Supreme Court to describe the time-sensitive requirements for effectively investigating a complaint, responding to a discovery request, governance, or preparing a compliance report.

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    • InBoxer Enables Companies To Respond Faster To Email Mistakes
      Provided by InBoxer, Inc.
      With new Federal Rules of Civil Procedure requiring companies to quickly find every relevant email message taking effect on December 1, InBoxer, Inc. today announced the first fast, comprehensive, easy-to-use, and affordable system for internal investigations and discovery involving email. The InBoxer Anti-Risk Appliance V2 enables companies to quickly identify relevant messages to ensure compliance and monitors new emails in real-time to ensure that compliance continues.

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    • eDiscovery Update: ABA Ethics Opinion Approves of Metadata Use
      Provided by Kevin Fayle of FindLaw
      A new ethics opinion from the American Bar Association has set standards for attorneys confronted with the dangerous and controversial issue of metadata included in electronic documents. According to the ABA, attorneys may search for and use information contained in metadata, even if the documents originated with opposing counsel.

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    • Guidance Software Takes Center Stage at LegalTech New York
      Provided by Guidance Software, Inc.
      Guidance Software (NASDAQ: GUID), the world leader in digital investigations, is expanding its presence at LegalTech New York to address the explosive demand for electronic evidence discovery ("eDiscovery'), particularly for in-house counsel who are increasingly seeking to systemize their internal processes to address the challenge.

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    • A Discussion of Legal Ethics Issues Within eDiscovery
      Provided by
      On April 12, 2006 the United States Supreme Court approved the proposed amendments to the Federal Rules of Civil Procedure that address the discovery of electronically stored information (ESI). The new proposed rules and amendments took effect on December 1, 2006.

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    • eMag Announces New EDD Application Offering Unique Access into Unstructured and Restored Data
      Provided by
      eMag Solutions, a leading international electronic discovery company, today announced the availability of its new eMag PreVu software application at the LegalTech New York Conference. eMag PreVu, a raw data preview software application, provides a structured view into otherwise unstructured data, allowing users to better understand the scope of case information prior and subsequent to Meet & Confer sessions.

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    • Portable FRCP Compliance Solution Steals Spotlight at LegalTechNY
      Provided by Deepdive Technologies
      Deepdive Technologies, a leading provider of eDiscovery solutions, received rave reviews at LegalTech, NY. The introduction of two portable eDiscovery appliances, employing the company's patent-pending Automated Network Discovery technology, will transform the corporate data discovery and collection process, sharply cutting costs and saving time.

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    • RenewData Broadens eDiscovery Offerings with Enhanced Collections and Processing Capabilities
      Provided by Renew Data Corp.
      RenewData, a leader in e-discovery services for law firms and corporations, announced today the addition of several new electronic evidence service capabilities, including performing on-site collections using the StoredIQ appliance, foreign language culling capabilities, and de-duplication, culling and output of Lotus Notes and Domino native NSF files.

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    • eDiscovery and the EU: European Data Privacy Regulations Every Litigator Should Know
      Provided by Kevin Fayle of FindLaw
      With the ever-increasing expansion of multinational corporations and globalized business transactions, it is exceedingly likely that attorneys will eventually have to conduct cross-border e-discovery investigations at some point in their careers. E-discovery can already be incredibly complex in a single-country context, and adding new countries, with different rules pertaining to electronically stored information, only intensifies that complexity.

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    • Xerox Text Mining Software Goes Beyond "Keywords" To Deliver More Relevant Information
      Provided by Xerox
      Researchers at Xerox Corporation (NYSE: XRX) today unveiled FactSpotter, new document search software that goes beyond conventional "keyword" search, enabling it, in effect, to spot the one or two golden nuggets among the pebbles on the shore. Xerox plans to launch FactSpotter next year as part of its Xerox Litigation Services offerings, which include electronic discovery (e-discovery) services that primarily support legal and regulatory compliance.

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    • Maximize the Effectiveness of Your Computer Forensic Expert and Electronic Data Evidence
      Provided by Alan S. Miller and Michael McCort of Cyber Specialists, LLC
      Because electronically stored information has a dynamic nature, and the routine operation of computer and/or other electronic media systems constantly modifies or deletes that information, it is critical to address preservation issues early in cases involving any electronic evidence.

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    • Web Site Offers Access to Information About Foreign Agents In The US
      Provided by Eric Sinrod of FindLaw
      The National Security Division of the Department of Justice recently announced the launch and availability of the next generation of the Foreign Agent Registration Act (FARA) Web site. The enhanced Web site is claimed to greatly improve access to public information about foreign agents and their activities within the United States.

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    • Symantec Enterprise Vault eDiscovery Connectors to Automate Evidence Collection and Transfer
      Provided by Symantec
      Symantec Corp. (Nasdaq: SYMC) today announced a comprehensive e-Discovery initiative that includes two new e-Discovery Connectors and supporting services for users of Symantec Enterprise Vault(TM) Discovery Accelerator. These new connectors will provide tight integration with third-party case management, review, analytics, forensics and desktop collection tools.

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    • ISYS Search Software Top-Ranked Among eDiscovery Software Providers in Fifth Annual Socha-Gelbmann Survey
      Provided by ISYS Search Software
      ISYS(R) Search Software (http://www.isys-search.com), a global supplier of enterprise search solutions for business and government, today announced it was named a top-ranked electronic discovery software provider in the fifth annual Socha-Gelbmann Electronic Discovery Survey. ISYS was also named a top-five software provider in the report's collection category.

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    • RenewData Enhances Data Migration Services with Offline Tape eDiscovery from Index Engines
      Provided by Renew Data Corp.
      RenewData, a leading provider of electronic evidence and data migrations services for corporations and law firms, and Index Engines, the leader in enterprise discovery solutions, today announced that RenewData has added the Index Engines Offline Tape Discovery technology to its suite of Data Migration Services. Offline Tape Discovery enables direct searching of documents stored on tape. When combined with RenewData's legal expertise and processes, corporations can reduce the time and expense of analyzing their inventory of backup tapes to determine which tapes must be kept to address legal or regulatory requirements.

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    • A new version of SearchInform Internet Server released
      Provided by SearchInform Technologies
      SearchInform Technologies releases a new version of SearchInform Internet Server - its Internet search product, featuring an enhanced technology of search through a given website, as well as through a large list of resources.

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    • iCONECT and ALCoder Provide Efficient Coding and Review
      Provided by
      iCONECT's compatibility with ALCoder enables clients to maximize their efficiency by leveraging the strengths of both products. Users can streamline their coding with ALCoder auto-coding software (from Rosen Technology Resources, Inc.) and then seamlessly load that data into iCONECT (from iCONECT Development, LLC) where it can be searched, organized, and reviewed.

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    • The Power of PreDiscovery
      Provided by Robert Childress III of Wave Software
      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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    • Government Open Access Laws: Let's (Not) Be Blunt
      Provided by Eric Sinrod of FindLaw
      Federal and state open access laws allow the public to monitor the activities of government. Indeed, the federal Freedom of Information Act and its state counterpart "Sunshine Laws" are at the bedrock of our democracy. As has been held by the United States Supreme Court, an informed citizenry is essential to a fully functioning democracy and must keep track of "what the government is up to."

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    • Drilling For Federal Information on The Internet
      Provided by Eric Sinrod of FindLaw
      In prior articles, I have explained that the public can gain access to federal information by submitting requests to government agencies and departments under the Freedom of Information Act (FOIA). In theory at least, requested information will be provided unless an agency or department invokes an exemption justifying withholding of the information.

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