2008 saw many interesting developments in the world of eDiscovery. Mary Mack, an expert in eDiscovery issues, lists the ten most important cases of 2008 and discusses their significance for the eDiscovery community.
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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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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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Discovery burdens in civil litigation are growing exponentially. There are a variety of driving factors, including the sheer magnitude of electronically stored information (ESI) and relatively recent amendments to the Federal Rules of Civil Procedure that force assessment and handling of ESI early in litigation.
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Part I of our series on structured data discussed how it is an important part of electronic discovery. We learned how to create a comprehensive and accurate structured data collection; the primary issues to consider when collecting and producing structured data; and what to do with the collected data. In the second part of this series, we will delve deeper into how to make the most of your structured data.
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I, and my fellow electronic discovery veterans, have authored thousands of prescriptive articles offering sage advice on how to best improve and conduct an e-discovery review. Our industry often talks about "best" like they are non-intuitive or otherwise so unique that only the truly gifted and inspired can attain such vaulted status. In truth, I believe that the best e-discovery review best practices are better characterized as the application of real-life lessons.
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Electronic discovery projects are, by nature, chaotic. When dealing with electronically stored information (ESI) from dozens of custodians, a variety of vendors and service providers, hundreds of different file types, several pages of search terms, and an uncooperative adversary, you have all the ingredients for confusion and disorder. The job of the legal team is to bring order to this confusion and counter uncertainty with structure and management control.
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Guidance Software Inc. (NASDAQ:GUID), the World Leader in Digital Investigations, today issued a legal alert addressing a recent published court ruling furthering the already strong legal standing of its EnCase software.
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At LegalTech New York, Exterro, the legal industry's most trusted provider of software solutions for the legal industry, today unveiled Fusion Genome. Exterro's Fusion Genome is the first dynamic data mapping solution that allows corporate legal and IT teams to identify, manage and analyze the life cycle of data sources and electronically stored information (ESI) comprehensively across an enterprise, and keeps that information evergreen.
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Iron Mountain's Discovery Escrow service allows organizations to efficiently comply with the discovery provisions related to intellectual property litigation. As part of a mutually beneficial protective order to the court, the Discovery Escrow service helps to reduce the cost, response time, and risks that frequently accompany legal discovery.
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Guidance Software Inc. (NASDAQ: GUID), the World Leader in Digital Investigations(TM), today announced EnCase(R) Legal Hold, a web-based litigation hold and tracking solution that is tightly integrated with EnCase(R) eDiscovery, the industry standard for the identification, search, collection, preservation and processing of electronically stored information (ESI).
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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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