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.
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.
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.
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.
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.
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).
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.
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?
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?
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.