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
    • Leveling the Playing Field in Litigation

      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 Search: How To Get It Right
      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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    • Bringing eDiscovery In-house: How Can You Be Successful?

      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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    • eDiscovery Update: ABA Ethics Opinion Approves of Metadata Use

      An 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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    • Paying the Price for an Unsuccessful "Meet and Confer"

      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 and the EU: European Data Privacy Regulations Every Litigator Should Know

      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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    • Current eDiscovery Trends

      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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    • Metadata: Ethical Obligations of the Witting and Unwitting Recipient
      As shown in our last column, software commonly used by lawyers often creates embedded data, otherwise known as metadata. As previously discussed, there are means to avoid creating embedded data, as well as means available to remove hidden data already created. In theory, at least, it is possible to remove all metadata prior to sending a document to opposing counsel.

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    • The Effectiveness of Technology Assisted Review

      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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    • Electronic Discovery Vendor to Expert: It Is All About Trust

      Key questions to ask when identifying eDiscovery Vendors, Solutions Providers, and Experts.

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