Tag Archives: litigation support

20 eDiscovery Blogs for Legal Professionals to Follow (Updated)

20 eDiscovery Blogs for Legal Professionals to Follow (Updated)

The complexities of eDiscovery make constantly following recent eDiscovery news and developments a necessity for most legal professionals. EDiscovery is a part of all forms of litigation and continues to grow and evolve at an astounding rate.

Fortunately, there are a number of blogs that track eDiscovery developments and we’ve compiled an updated list of 20 (in no particular order) we think are worth bookmarking to stay updated on recent news.

1. Electronic Discovery Law– Published by K&L GATES and chock full of great information; this blog/Web site is made available by the contributing lawyers or law firm publisher solely for educational purposes to provide general information about general legal principles and not to provide specific legal advice applicable to any particular circumstance.

2. Complex Discovery– This is a technology blog highlighting data and legal discovery insight and intelligence. Written by the CMO of CloudNine, Complex Discovery allows you to stay up to date with everything from current discovery cases, educational content, market sizing and other regularly scheduled updates.

3. Law 360– Law360 provides the intelligence you need to remain an expert and beat the competition. Recently acquired by LexisNexis, this blog has a plethora of information on everything from intellectual information to international arbitration.

4. e-Discovery Team– This blog by Ralph Losey takes a multidisciplinary look at eDiscovery, addressing the issue from a law, IT, and science perspective all at once.

5. Ride the Lightning– For information on information technology, information security, and digital forensics, check out this blog written by Sharon D. Nelson. The posts on Ride the Lightning cover news events all over the world related to privacy issues, cyberattack, legal aspects of information security and electronic evidence, etc.

6. LegalTech News– This blog provides insightful, and jargon-free coverage of legal technology trends and developments to an audience of legal industry professionals, helping them use technology and innovation to deliver faster, better, and cheaper legal services. LegalTech’s audience is made up of lawyers, IT leaders, paralegals, support staff and vendors.

7. Ball in your court– Musings on E-Discovery & Computer Forensics. Published by Craig D. Ball, P.C.. Craig Ball’s column, “Ball in Your Court,” has won Gold or Silver Medal recognition as Best Regular Column or Best Contributed Column from the Trade Association Business Publications International and/or from the American Society of Business Publication Editors every year since 2006!

8. EDD Blog Online– The EDD Blog addresses issues such as cloud computing, technology assisted review, digital forensics, social media, and big data. EDD Blog Online is written in part by the president of Electronic Evidence Labs.

9. Lit Support Today– This blog serves to advance the litigation support professional in their career by providing insight into the latest events, developments and activities about the profession, the people and the happenings that are driving the field forward.

10. Discover Ready– This blog helps readers find fresh thinking on information intelligence. Browse their eDiscovery blog, case studies, webcasts, and more.

11. EDD Update– This blog is an endeavor that combines the efforts of Law.com Legal Technology and Law Technology News. Consult EDD Update for breaking stories regarding verdicts and rulings relevant to e-discovery issues.

12. Technology & Marketing Law Blog– Authored by Santa Clara University law prof Eric Goldman, posts cover topics such as lawsuits related to keyword advertising, online contracts, and court rulings related to the Defend Trade Secrets Act and the Communications Decency Act.

13. The e-Disclosure Information Project– The e-Disclosure Information Project is run by Chris Dale, a former commercial litigation partner turned e-Disclosure consultant. The Project aims to bring together lawyers, suppliers, courts and corporations with an interest in electronic disclosure, and to disseminate information about the court rules, the problems and the software and services available to handle them.

14. 3 Geeks and a Law Blog– devoted to actual technology and how it affects one’s law practice. Visit for tips on information management, discussions of new legal tech and analysis about the future of legal services.

15. Future Lawyer– In this blog, attorney Richard M. Georges incorporates his personality and sense of humor into the posts while covering all things technology.

16. E-Discovery Beat– Owned by Exterro, subscribe to E-Discovery Beat for resources provided for attorneys and litigation support professionals. E-Discovery Beat aims to “tame the chaos” involved in eDiscovery procedures.

17. eDiscovery Daily Blog– This blog owned by CloudNine Software, provides educational tools for eDiscovery practitioners and latest news and case law in the world of digital discovery.

18. eDiscovery Journal– Peruse through the postings on E-Discovery journal for practical advice and impartial information. On this blog, you can research eDiscovery technologies, services, or experts to find a solution to any many possible eDiscovery quandaries.

19. Legal Project Management– Read this blog for suggestions and commentary on conducting a wide range of legal procedures. Legal Project Management occasionally addresses the issue of eDiscovery.

20. E-Discovery Law Alert– Written by lawyers from a law firm practicing in several mid-Atlantic states, E-Discovery Law Alert analyzes recent events related to e-discovery and delves into the intricacies of information management law in a corporate context.

That’s our list – what do you think? Are there any blogs we missed?
July 12, 2017 | Josh Markarian | TERIS

How to Manage Litigation Cost and Risk While Maintaining Consistent Results – Part 2

Manage your risk keyboard key fingerAs we discussed in Part 1, from FINRA disclosures to complex commercial litigation, industry experts can assist with a winning data strategy and limit exposure during the discovery process.

A law firm recently hired TERIS to collect email in response to a motion to compel. The firm’s client had a 3rd party IT vendor who directed TERIS to an email Exchange server. The amount of email on the Exchange server was not nearly enough related to the request. TERIS experts quickly realized that additional ESI must be residing elsewhere on the network. Further investigation revealed that employees were saving PST archives to a shared folder on a separate network from the main email Exchange once their mailbox reached a certain size limit. Had we not notified outside counsel that this was a red flag they would have certainly under-produced.”

A neutral third-party expert can help manage these first few steps to Identify, Preserve & Collect client data with consistent results:

  • Determine “where the bones are buried”
  • Provide defensible, documented collection steps
  • Limit firm/client IT staff exposure
  • Offer low fixed-rates for cost predictability
  • Fulfill Preservation Obligation with a forensic “Time Capsule” of data

If you would like more information about eDiscovery or how TERIS solutions can assist you, please contact us!

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How to Manage Litigation Cost and Risk While Maintaining Consistent Results – Part 1

Manage your risk keyboard key fingerFrom FINRA disclosures to complex commercial litigation, industry experts can assist with a winning data strategy and limit exposure during the discovery process.

Outside counsel can sometimes be at the mercy of its client’s network infrastructure and document retention policies when it comes to Data Mapping and Litigation Readiness. Parties may find themselves in a nightmare scenario if they do not know exactly where potentially relevant data resides and how it is preserved.

It is not always the best strategy to rely solely on a client’s IT Department when it comes to figuring out where email and other ESI is hiding. Often times (at no fault of IT), corporate networks can resemble the “Wild West” for many reasons including…

  • Individual permissions to save and customize email locally on workstations
  • Unknown/unauthorized archiving on shared/hidden folders
  • Use of personal email accounts
  • Outsourced IT vendor involvement
  • Cloud-based communications and applications

In How to Manage Litigation Cost and Risk While Maintaining Consistent Results – Part 2 we will discuss the benefits of bringing in a neutral 3rd party expert who can help manage the first few steps to Identify, Preserve and Collect client data with consistent results.

If you would like more information about eDiscovery or how TERIS solutions can assist you, please contact us!

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Four Steps to Maximizing Your Outsourced eDiscovery Dollar – Part 2

Traffic Sign "Outsourcing"For both in-house counsel and outside counsel, external litigation support vendors can act as an extension of their own legal department, creating extra value and a competitive edge for clients.

Here are the major areas where an eDiscovery provider must show they are up to par:

Alternative Fee Arrangements

Alternative Fee Arrangements (AFAs) are now common between outside counsel and their in-house clients. These AFAs can take many forms, from fixed fees to value-based fees. For the purposes of this article let’s concentrate mainly on fixed fees.

Predictability for cash flow and budgeting are attractive elements of a fixed fee structure. This is useful for managing partners looking for ways to avoid a large and unexpected bill and also a great way for General Counsel to minimize their spend and bring predictability to a corporate spend that is usually a unpredictable and draining.

Fixed fees place the onus for efficiency on the eDiscovery provider. This causes them to find ways to become more efficient with cases while making sure to live up to their Service Level Agreements (SLAs). This focus on efficiency leads to innovation like repurposing the same data across multiple cases.

Another great benefit of fixed fees for counsel is that they can treat every case as if it may go to trial. Even small cases can be sent to counsel’s provider and handled with the same expertise and seriousness as their largest cases, ensuring that legal and business decisions govern the merits of a case, and not discovery fees.

Flexible Line of Products

Whether dealing with eDiscovery, IT or even the latest home gadget, we have all been frustrated when a product we have invested in becomes obsolete seemingly overnight. Even the most powerful proprietary platforms of today can have problems or limitations tomorrow.

If you have signed a long term deal with a provider who relies on one single platform, you are quite frankly stuck, just the same as they are. Conversely, if you have signed a long-term deal with a provider who is constantly evaluating and adopting best-in-breed technologies, you have the flexibility and scalability to handle cases in the most efficient manner possible.

Additionally, not every case is the same and not every case can benefit from the same tools. It is critical that a provider be able to “put the Legos” together for a unique circumstance and provide a uniquely suitable solution. This cannot be done by providers who offer only one solution or by legal departments who with limited staff and solutions.

Certainly, having options in life is nice – and eDiscovery is no exception. Actually, options in eDiscovery are a necessity these days!

High Degree of Expertise

Having all of the tools in the world and all of the creative pricing that comes with them is great. But all of that is for naught, if a provider does not have the right people to back it all up. It is about people just as much as it is about technology and process.

According to Richard Saldivar, Principal/TERIS, “How can you tell how good Provider A’s project managers will be in a given case? You need intrinsic evidence. Ask your provider for a representative client list and references from those clients. Ask your provider for a test project with all the trimmings.”

Only counsel who has dealt directly with the provider can give you the real story.

If you would like more information about eDiscovery or how TERIS solutions can assist you, please contact us!

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Four Steps to Maximizing Your Outsourced eDiscovery Dollar – Part 1

Traffic Sign "Outsourcing"For both in-house counsel and outside counsel, external litigation support vendors can act as an extension of their own legal department, creating extra value and a competitive edge for clients.

Much has been made of the argument as to whether to outsource eDiscovery (see Ralph Losey’s excellent article “Five Reasons to Outsource Litigation Support”, Law Technology News, November 2, 2012. Similarly, an excellent rebuttal was supplied by Bryon Bratcher and Tom Baldwin, “6 Reasons to Insource Litigation Support”, Law Technology News, January 18, 2013.

There are times when both scenarios make sense but there is a way to get the most out of every dollar spent on outsourcing eDiscovery and other types of litigation support.

Here are the major areas where an eDiscovery provider must show they are up to par:

Efficiently use Data for Multiple Cases

Especially for highly litigious companies, it is quite common that the same data spans across multiple cases, even if the legal issues central to those cases are completely unrelated.

Here is a simplified, fictionalized example based on real scenarios:

Jack Smith at XYZ Corporation is a primary custodian in the case NW Widgets v XYZ, and his files from 2002-2007 are potentially relevant. The eDiscovery provider collects and processes these files and makes them available for review. Jack Smith then becomes involved in an employment matter with a disgruntled former employee of XYZ. Jack’s files from 2005-2008 are potentially relevant. Should this custodian’s overlapping files from 2005-2007 be recollected, reprocessed and even re-reviewed in their entirety? Should XYZ pay the provider to host a separate instance of this data in this separate case?

It seems obvious that the answer to the above question is NO.  XYZ should not pay more than once for the same services on the same data. The truth is, however, that corporate legal departments and law firms do this every day. It is very common that the same data is handled by several different providers or even, in several instances, reprocessed by the same provider and re-reviewed for privilege.

The practice of collecting processing and storing the same data multiple times is a real issue for both law firms and corporate legal departments. The right provider can and should help put a stop to it.

Please look for Four Steps to Maximizing Your Outsourced eDiscovery Dollar – Part 2.  If you would like more information about eDiscovery or how TERIS solutions can assist you, please contact us!

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The Top 5 Phoenix litigation support firms of 2014

Homepage ImageDale Brown | Research Director | Phoenix Business Journal

TERIS, a Seattle-based electronic discovery and litigation support company with offices in Washington, California, Arizona and Texas, was the No. 1 firm when the Phoenix Business Journa l today published its inaugural list of Litigation Support Firms.

The list was ranked by number of litigation support employees working locally. TERIS reported 72 to top the list.

Click here to see a slide show of the Phoenix area’s top five litigation support firms.

The full lists are available to print edition subscribers. Check out page 49 in today’s paper. The list is also available online here. Non-subscribers will see the list’s top five. Subscribers will see the full list with 19 companies.

For a full year’s worth of Phoenix Business Journal research, check out our 2014 Book of Lists. It’s available in print and data download formats.

To include your business on a survey for one or more of our 110-plus lists, contact me at dbrown@bizjournals.com or call 602-308-6511.

Major Challenges in Using Social Media in Litigation – Part 2

Social media has the potential to complicate cases from the first meeting with a client all the way through the delivered ruling. With the increasing popularity of social media across multiple platforms and devices, social media discovery is more likely to play a major role in litigation these days than not. Yet, despite its prevalence, there are still some very big challenges in using evidence from social media effectively during litigation. In are additional challenges.

Case Exposure

The pervasive nature of social media means that even potential jurors are likely to be at least somewhat exposed to any given case prior to selection; social media has proven to be a significant obstacle in finding a truly impartial jury. After selection, social media continues to carry the potential for impropriety, particularly if jurors disregard court instructions and discuss the case in any way, even online. This increases the risk of mistrials and further extends court proceedings.

Blurring the Boundaries of Professionalism

Facebook allows users to show their approval of certain products, groups or companies by hitting the “like” button; in doing so, would counsel be crossing an invisible ethical boundary? What about on LinkedIn, where users endorse each other for their specific areas of expertise? Can listing a particular skill qualify as false advertising? While networking is important in every career, the nebulous nature of online networking makes it clear that extra precautions should be taken at all times.

Technical Complexities

Ethical and professional dilemmas aside, there are also the practical complexities of social media discovery to consider. The preservation of metadata, the general intricacies of collecting cloud-based data, and the challenges of collection and preservation are all major stumbling blocks in achieving effective social media discovery.

Practical Applications

Social media, by its nature, presents a very broad picture—some courts have said too broad, and that aimless data sifting is discouraged. Additionally, the content gathered must have its authenticity verified, which adds yet another layer of difficulty for litigation support to wade through.

If you would like more information about eDiscovery or how TERIS solutions can assist you, please contact us!

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Major Challenges in Using Social Media in Litigation – Part 1

Social Media Litigation

Social media has the potential to complicate cases from the first meeting with a client all the way through the delivered ruling. With the increasing popularity of social media across multiple platforms and devices, social media discovery is more likely to play a major role in litigation these days than not. Yet, despite its prevalence, there are still some very big challenges in using evidence from social media effectively during litigation. Here are the first four challenges.

 

Controlling Social Media Use During Active LitigationSocial media is designed specifically to promote contact and communication with friends and associates, yet this obviously isn’t the best policy during an active case, when the rules of evidence still apply.

Proper Protocol

While the question of whom to friend or follow or what to repin has always been ruled by social media protocol, this takes on a greater significance during litigation. Is it acceptable for lawyers to send friend requests to judges, for example, or does that cross the line between personal and professional? Some jurisdictions feel social networking at this level should be impermissible, because it speaks to potentially inappropriate influences.

Sheer Volume

Even a social media profile that’s only somewhat active can generate an enormous amount of personal data over time, which can be overwhelming to dig through. No matter how rich the repository, the collection process used during social media discovery must allow for significant culling in order to discard volumes of irrelevant information.

Ethical Debates

Social media discovery sometimes feels like navigating a minefield, with so many litigators unsure where the acceptable boundaries lie in any given situation. This brings up the question of counsel’s ethical duty about how to instruct clients with regards to social media. Currently, the official court stance has been firmly on the side that anyone with a social media profile should accept that they have no reasonable expectation of privacy.

Look for four more steps in our next blog –Major Challenges in Using Social Media in Litigation – Part 2. If you would like more information about eDiscovery or how TERIS solutions can assist you, please contact us!

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The Ultimate List of eDiscovery Terms – Part 2

TERIS/USA – As promised here is Part 2 of The Ultimate List of eDiscovery Terms. It is a comprehensive guide to help define essential phrases and concepts.

  • Information Governance: The process of managing digital information at an enterprise level while remaining cognizant of regulatory guidelines and e-discovery applications.
  • Keyword: A specific word or phrase used in search efforts to produce relevant results within a data set.
  • Legacy Data: Data was originally created in a file format that is now obsolete.
  • Legal Hold: Requests the preservation of relevant or potentially relevant information, including electronic data, during or in anticipation of litigation.
  • Metadata: Embedded information about ESI that is generally inaccessible to non-technical users. For example, the date, author or origins of a file or document.
  • Native Format: The original format of ESI.
  • Normalization: Converting ESI into a standardized format rather than native format for more streamlined review.
  • OCR: Optical Character Recognition. Converting scanned images of physical pages into searchable electronic text.
  • Predictive Analytics: In e-discovery, the practice of analyzing raw data through a combination of computer and human analysis.
  • Predictive Coding: Categorizing documents through a tagging system across a data set to increase accuracy with repeated analysis.
  • Production: Delivering specific ESI to another party, typically opposing counsel, according to a specific ediscovery request.
  • Redact: The intentional deletion or concealment of data or information that is considered sensitive or confidential in nature.
  • Search: The process of examining a data set according to a specific query or criteria. May be conceptual or keyword-based.
  • Spoliation: The alteration or destruction of relevant evidence, or the failure to preserve relevant evidence when litigation is likely or already underway.
  • Structured Data: Electronically stored information that is maintained in a structured format such as a database.
  • Technology Assisted Review: The use of conceptual search tools to assist in the document review process. Sometimes also computer assisted review.
  • Unstructured Data: Electronically stored information that resides in various unstructured formats, such as word processing documents kept on a hard drive.

If you would like more information about eDiscovery or how TERIS solutions can help you, please contact us!

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The Ultimate List of eDiscovery Terms – Part 1

1_eDiscovery Terms

TERIS/USA – Happy New Year! Learning how to navigate the e-discovery landscape can be a challenge, especially when so many of the common industry terms sound like a completely different language. Here is Part 1 of a comprehensive guide to help define essential phrases and concepts.

  • Admissible: Evidence that is allowed in court during litigation
  • Analytics: This blanket term refers to all different kinds of technology that are used to examine a particular data set.
  • Chain of Custody: The tracking and logging of all handling, access and location movement of any electronic evidence from initial collection to presentation as evidence. The chain of custody is used to verify authenticity of evidence.
  • Computer Assisted Review: The use of conceptual search tools to assist in the document review process. Sometimes also technology assisted review.
  • Computer Forensics: The investigation and analysis of computer crimes or misuse. Can include the recovery of deleted or damaged files and capturing encrypted data in response to e-discovery.
  • Custodian: The individual from whom original records were collected; not always the author of those files.
  • Data Extraction: The identification of metadata and body contents from electronic documents for use in the discovery process.
  • Data Mapping: The process of recognizing and classifying data and data locations within an organization’s electronically stored information.
  • De-duplication: Sometimes also deduplication or de-duping. Identifying and removing duplicate records to streamline the review process.
  • Discovery: The process of recognizing and obtaining information that may be relevant to the litigation process.
  • E-discovery: Electronic discovery. The discovery process when specifically focusing on electronic data. Includes the collection and review of electronic data for discovery efforts, including email, documents, files and any data or metadata stored on a computer, network or removable storage media.
  • ESI: Electronically Stored Information. A blanket term for electronic data such as documents, emails or files stored on any type of hardware, portable storage device or in the cloud.
  • Filtering: Using search metrics to eliminate electronically stored information in a particular data set that is irrelevant to current litigation.
  • Forensic Computer Expert: A technical position that can include data collection, including of damaged or deleted data, as well as providing consultation services and testimony at trial.
  • FRCP: The Federal Rules of Civil Procedure. These guidelines define the proper protocol for e-discovery as well as other aspects of litigation.
  • Harvesting: Retrieving relevant electronic data for the purpose of discovery.

Look for more terms in our next blog – The Ultimate List of eDiscovery Terms – Part 2. If you would like more information about eDiscovery or how TERIS solutions can help you, please contact us!

 

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