E-Discovery Tweets!

Want to keep up with this cutting-edge area of the law in the most cutting-edge way?  (aside from bookmarking E-Discovery Bytes, of course.)

Gabe Acevedo of Gabe's Guide's latest effort, TweetDiscovery, is designed to capture all of the e-discovery-related "tweets" on Twitter.  The first page of TweetDiscovery highlights the tweets of a number of individuals who regularly post e-discovery-related material on Twitter.  The other pages are feeds that include any time someone uses "e-discovery" or "ediscovery" in a Twitter tweet, or any time a person uses the category (called a "#hashtag") "#ediscovery" in a tweet.  You don't even need to have a Twitter account to view the text and access the links in the feed.  It's still a work-in-progress - Gabe repeatedly reminds users that the site is "still in Beta...so Beta we're almost Delta" - but promises to be a valuable resource for those who need to stay apprised of the latest developments in the e-discovery arena.

If you are on Twitter, you can also join the E-Discovery Twibe (a Twitter group for those interested in and tweeting about e-discovery issues), and follow the e-discovery-related posts of all the group's members.  And you can follow Gabe, to get his tweets in your feed every day. 

Although the jury is definitely still out on the overall advantages of Twitter, TweetDiscovery has some distinct benefits:

  • People often tweet in real time from conferences, giving you a window into the latest commentary on e-discovery issues as it happens;
  • It's yet another tool to keep on top of e-discovery issues:  people tweet in real time about developments in the law, cases to watch, and other legal matters;
  • People also tweet in real time about emerging developments in the e-discovery business, including new ventures and products by e-discovery vendors;
  • It connects you with a network of e-discovery businesses and professionals who may become resources in the future;
  • You can follow just the e-discovery-related tweets on Twitter, without setting up a Twitter account for yourself;
  • It's just really cool!

See you in the Twibe!

LegalTech 2008

Legal Tech 2008  starts today in New York City and looks to be not only an opportunity to meet and assess vendors of e-discovery and related information technology services but also a veritable clearinghouse of helpful information on e-discovery issues.  The schedule this year includes several interesting - and, doubtless, highly informative - panel presentations on key legal and technological issues relevant to e-discovery, including:

  • best practices for data storage, retention, identification, retrieval and review;
  • privilege issues particular to electronically-stored information;
  • issues implicated by offshore outsourcing of ESI review, including international ediscovery rules and standards;
  • readiness and strategic planning;
  • choosing an e-discovery platform;
  • cost management; and
  • particular evidentiary issues raised by ESI.

If you can't make New York in February (brrrrr), Legal Tech arrives in Los Angeles June 26-27, 2008.

Tracking E-Discovery Cases

With the availability of new technologies, tracking e-discovery cases does not have to be a chore. Although many blogs and websites follow the trail of the latest e-discovery developments, only a few services can actually deliver the desired results.

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A Little Light Reading

For those of you with time on your hands and who are interested in the IT aspect of ediscovery, there's a new book entitled "Never Talk When You Can Nod. Compliance, eDiscovery And Enterprise Content Management Systems". Authored by Andrew Chapman, Director of the EMC Documentum Compliance Solutions Group, EMC Corp., the book attempts to delineate the critical relationship between enterprise content management (CM) and ediscovery (ED) issues ...

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Standardizing Production in the E-Discovery Industry: Can it be Done?

One area of the electronic discovery process that is particularly time consuming and costly is the transfer of electronically stored information (ESI) to and from applications involved in different phases of the discovery process.  For example, if parties agree to produce electronic information in TIFF format, Excel Spreadsheets, PDFs and Outlook e-mails may be required to be converted to TIFF files.  The conversion to a single format can be extremely costly and time consuming.  In October 2007, the Electronic Discovery Reference Model (EDRM) announced a new Extensible Markup Language (XML) standard for the easy transfer of electronically stored information.

EDRM is an industry group that was created to develop practical standards for the e-discovery industry.  EDRM hopes that as the XML standard is adopted in the industry, the e-discovery process will become more efficient and effective as the movement and storage of electronically stored information becomes more streamlined. For a description of the XML standard, and for more helpful information, see this article from Newstex blog and LexisNexis.  And stay tuned to see if theory becomes reality with the proposed standard. 


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Return e-Receipt Requested -- A Useful Tool

In a time when email is increasingly used for correspondence once reserved for snail mail, what do you do when you need to be sure the other party received your correspondence? Many law firms and corporations still use regular certified mail, return receipt requested. But what if that is impractical?

In a recent article in Inside Counsel, the author explored the growing options for software to send “registered email.” In this article the need for authenticated email is explored in two different scenarios, to prove insurance claims, and to admit emails in accordance with the Federal Rules of Civil Procedure (Lorraine v. Markel).

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Glossaries - Making Sense Out of What Your IT Dept. Is Telling You

What on earth does "native production" mean?  Is a "terabyte" a lot of data to produce?  How does the process of "deduplication" work?  OCR, PDF, TIFF, RAM, ambient data, back-up tapes, metadata . . . who decided this e-discovery thing is a good thing? 

If you're talking to your IT folks and they seem to be speaking in an entirely different language, you might want to check out some of the glossaries that have been put together on the technical language that your IT department is bound to use as you begin discussing EDD a/k/a electronic document discovery (I guess the lawyers have their own language too!):

EDRM Discovery Reference Model

The Sedona Conference®

Kroll Ontrack

A Helpful List of E-Discovery Blogs

Robert Ambrogi over on the Legal Technology pages of Law.com has assembled a nice listing of all of the blogs out there that are covering e-discovery issues:  EDD Blogs.  Between our blog and the blogs listed in Mr. Ambrogi's article, you should be able to stay up to date on all of the late breaking e-discovery news and cases.

Choose "Person Most Knowledgeable" Wisely in the E-Discovery Era

Federal Rule 30(b)(6) depositions of the "person most knowledgeable" are nothing new.  Rule 30(b)(6) depositions have, however, taken on additional significance in the age of electronic record-keeping and electronic discovery.  Where before litigants employed the "Keeper of Records" deposition to authenticate documents, litigants are now turning to Rule 30(b)(6) depositions to address the often complex issues of electronic data preservation and production.   As a result, companies need to consider e-discovery issues when selecting a "person most knowledgeable" for Rule 30(b)(6) depositions pertaining to electronic preservation and production matters.  Failure to select someone who can speak to the complex technological mechanisms utilized to satisfy e-discovery obligations could result in prolonged litigation and costly disputes over spoliation and other electronic document production issues.  So, choose wisely, and consider employing an IT professional at your company for this critical task. 

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