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eDiscovery News

Cloud storage taking too many liberties with personal data

A company expects that the data it owns will remain its intellectual property as long as it remains a viable entity.

Government standing in the way of data migration

The U.S. government has recently had its hand in questionable initiatives, dancing between increasing internet security and infringing on personal privacy.

eDiscovery case placed on hold

An FLSA case in New York is facing an evidence roadblock thanks to the requested recusal of a judge and the denial of coding reviews.

Facilitating efficient document review through eDiscovery

E-discovery solves the problem of accidental disclosure by setting a variety of controls to ensure sensitive records are not wrongly reproduced if they have been classified appropriately.

Walking the tightrope of eDiscovery preservation

Media management professionals must be more discerning and let compliance standards and business objectives dictate smarter eDiscovery strategy.

Pennsylvania case shines light on eDiscovery expenses

The rising expense of eDiscovery processing has been a topic of much debate in recent years, as complex requirements and new technologies emerge at a time fraught with economic uncertainties.

Report shows growing interest in eDiscovery tools

According to legal staffing analysts from Robert Half, 2011 saw a marked increased in the demand for eDiscovery software and services.

Data maps pave the way for efficient eDiscovery

To ensure fast, cost-efficient responses to eDiscovery requests, companies may be wise to adopt the practice of data mapping.

Cloud posing problems for eDiscovery practitioners

As companies continue to migrate a greater portion of their archives into virtual environments, they may be overlooking eDiscovery challenges that could crop up down the road.

Guidelines arrive for eDiscovery in criminal law

The Joint Electronic Technology Working Group (JETWG) recently released the first set of comprehensive guidelines for eDiscovery best practices in federal criminal cases.

Moving from data hoarding to data management

Data hoarding has become a serious issue among media management professionals as anxiety and uncertainty have inspired increasingly conservative approaches to record retention.

Legal intelligence key to recovering eDiscovery costs

As the amount of data stored on corporate servers continues to grow, so to have the costs associated with retrieving that information for eDiscovery requests.

Balancing eDiscovery practitioners and technologies

Efficient and affordable eDiscovery is a multifaceted equation, and companies relying too heavily on one variable at the expense of another may be setting themselves up for failure.

Building bridges between external and internal eDiscovery teams

When eDiscovery collaboration strategies come up short companies run the risk of missing deadlines, exhausting budgets ahead of schedule or even incurring sanctions if evidence gets lost in the shuffle.

Preparing for collaborative eDiscovery processes

With corporate media management responsibilities falling onto the shoulders of a wider array of both internal and external personnel, companies must prepare their eDiscovery processes to navigate this complicated chain of custody.

SMBs facing unique eDiscovery challenges

Small and medium-sized business are often subject to the same stringent media management standards as large corporations, but a lack of attention from eDiscovery vendors may be putting this market segment in a difficult position.

Universities gaining eDiscovery awareness

Although once associated primarily with high-stakes corporate litigation, eDiscovery is becoming common practice in a variety of new arenas.

Hasty cloud migration may bring eDiscovery troubles

In the rush to follow real or perceived market trends, companies may be overlooking how cloud migration strategies will affect eDiscovery processes.

Predictive coding emerging as key eDiscovery capability

Predictive coding is garnering significant attention from the eDiscovery community, but the practice remains largely misunderstood.

Developing eDiscovery proficiency in 2012

Non-traditional collaborators such as statisticians, process improvement experts and IT consultants will soon be entering the eDiscovery arena in greater numbers to lend their unique insights.

Companies embracing internal eDiscovery expertise

The rising stakes - and expense - of eDiscovery processes are inspiring a number of companies to begin establishing a team of in-house experts.

Burden of eDiscovery may be overstated

Although technical and legal developments have changed the face of eDiscovery in recent months, several legislators and industry experts are suggesting that the perceived cost and complexity of electronic discovery processes have been exaggerated.

Old eDiscovery challenges may fade in the new year

It has been a year of rapid change for eDiscovery in 2011 from both a technical and a legal perspective. As a result, industry experts are expecting the momentum to continue into the new year and solve several lingering problems.

Automating legal reviews through eDiscovery

Although some organizations fear the perceived complexity associated with eDiscovery software, the technology facilitates a level of automation that can lead to significantly faster and more affordable document management.

Social media disrupting eDiscovery landscape

As eDiscovery practitioners look back at the trends of 2011 and begin to forecast the year ahead, both legal and IT professionals are highlighting the transformative changes introduced by social media.

Courts focusing on efficient eDiscovery

The rapidly expanding scope of eDiscovery processes has become a concern not only for the businesses that must finance these endeavors, but judges who believe irresponsible use of the technology is burdening the court system.

Cloud, eDiscovery may not be ideal partners, expert suggests

Although the buzz surrounding the efficiency advantages of cloud computing is drawing the interest of many eDiscovery practitioners, Forbes contributor Barry Murphy recently suggested that the platform may bring more hassles than benefits.

Pricing models, court interpretations may change eDiscovery landscape

As industry analysts begin to forecast what's in store for the eDiscovery field next year, pricing models and increasingly aggressive court interventions continue to be cited as potentially significant trends.

New eDiscovery amendments would improve affordability, experts say

According to Forbes contributor Matthew Nelson, the Federal Rules Advisory Committee may be considering a potential amendment to current statutes that could save organizations millions of dollars in eDiscovery costs in the long-term.

Companies continue to neglect standardized eDiscovery strategies

Although attempts at industry standardization were originally expected to drive eDiscovery forward, a recent Law.com report revealed that waning support for the initiative may compromise its long-term success.

New York State Bar Association unveils new eDiscovery guidelines

As legal experts and business executives continue to seek advice in the field of eDiscovery, the New York State Bar Association recently performed an important service with the release of new best practice guidelines.

Report suggests frustration with current eDiscovery options

Although rapid technological advancements have transformed the eDiscovery marketplace in recent years, a number of companies remain frustrated by the inefficiencies in current protocol.

Companies recognizing need for eDiscovery evolution

As companies around the world continue to gain familiarity with eDiscovery practices and procedures, several are realizing that it may be time to move on from early strategies that have ultimately proven ineffective.

Faulty email management may have legal consequences

According to the latest research from Oasys software specialists, an overwhelming majority of employees reported that their companies' inadequate email management practices are increasing the potential for legal ramifications.

Learning from eDiscovery mistakes

Data managers from organizations around the world are facing increased complexity and heightened expectations when it comes to eDiscovery. Luckily, a new report from CIO Insight has shed light on popular mistakes companies should be careful to avoid.

Exploring new eDiscovery paradigms

At the recently held Colorado Association of Litigation Support Professionals' E-Discovery Summit, a number of experts spoke to the importance of evolving beyond traditional, hierarchically designed discovery processes.

IT must prepare for diverse eDiscovery requests

With eDiscovery requests becoming more frequent and more diverse, companies must shift focus beyond simply email management when designing their data compliance strategies.

Texas judge unveils new model for eDiscovery in patent cases

Late last month, Chief Judge Randall Rader of the U.S. Court of Appeals for the Federal Circuit unveiled a new model for eDiscovery that he says may help reduce the excessive costs often incurred by legal teams in patent cases.

Report: Firms recognizing importance of eDiscovery

A recent survey of AmLaw 200 firms conducted by the Cowen Group suggested that organizations are realizing the importance of eDiscovery and allocating additional resources to this critical pursuit.

Report: Legal teams shifting target of eDiscovery process

The latest survey from Symantec Security suggested that legal teams are gradually shifting focus away from email discovery, bringing new challenges to eDiscovery software vendors and business managers.

Realizing the need for new pricing models in eDiscovery

The per-gigabyte pricing model has been attached to eDiscovery since its inception, but as technological innovations in the legal field evolve, it may be time to find new models for valuing discovery services.

Legal teams may recover eDiscovery fees

A recent court ruling may pave the way for triumphant legal teams to recover certain eDiscovery costs from non-prevailing parties.

Legal conference showcases eDiscovery trends

Early case assessment, predictive coding and data review applications were expected to dominate the trade show floor as savvy technology providers demonstrated the cost saving potential of their solutions.

eDiscovery education still lacking in law schools

Despite the significance of eDiscovery in the modern legal landscape, a new report from the Association of Certified E-Discovery Specialists demonstrates the general dearth of education most graduates leave law school with.

Report: eDiscovery provides competitive advantage

A recently released white paper from audit and tax specialist KPMG suggests that properly implemented eDiscovery software can help companies save both time and money during demanding document review processes.

Distinguishing fact from fiction in eDiscovery sanctions

Some legal teams are wondering if the reported prevalence of eDiscovery sanctions is fact or fiction.

Report reveals evolving eDiscovery landscape

Data suggests a growing number of eDiscovery decisions being made in federal courts as well as a parallel increase in the amount of sanction requests.

North Carolina revises eDiscovery regulations

If recent changes are indicative of future trends, the establishment of strong ESI management and eDiscovery procedures may be more important than ever.

eDiscovery gaining traction in Asia

Several of Singapore's most prominent legislative bodies and legal associations have joined forces in an attempt to promote the use of digital tools in the nation's legal sector.

Formal certification processes may improve eDiscovery

Although eDiscovery is consistently growing in a variety of legal settings, the relatively young process continues to be somewhat misunderstood.

Conserving valuable resources with eDiscovery

An increasing number of law firms are embracing eDiscovery processes as a means of streamlining operations and reducing costs.

Social media data is next frontier for eDiscovery, information governance

When storing, backing up and retaining information for compliance and legal considerations, companies today must now take into account the data that is produced through social media services, such as Facebook and Twitter.

How to prepare for cross-border eDiscovery

Dealing with the challenges of eDiscovery in one location is difficult enough, but, for multinational corporations, the complexity of the process is even more so when conducted across geographical borders.

Report offers keys to eDiscovery success

The process for discovering electronically stored information for use in litigation has become increasingly complex to the point that many companies are utilizing services providers or support solutions to complete it.

Tips for reducing eDiscovery costs

The rising costs of eDiscovery are causing companies to dread the threat of litigation more than ever. Sifting through piles of electronically stored information is an expensive process that many firms continue to struggle to overcome.

Technology giving rise to eDiscovery in healthcare industry

While a greater number of devices at the disposal of healthcare providers has given them instant access to patient information, it has also caused an increase of eDiscovery requests within the industry.

More companies looking for eDiscovery assistance

The market for eDiscovery services is skyrocketing alongside the growing number of cases in which electronically stored information is requested, according to a recent Sacramento Business Journal report.

Determining who pays for eDiscovery

Much of the burden associated with eDiscovery is centered on the cost of sifting through stored corporate data and retrieving the information that may be relevant to the litigation.

Automated legal holds could ease eDiscovery burdens

Corporations today produce a variety of data on a daily basis, and the information is housed on a number of different systems and possibly in geographically diverse locations.

There are no set policies for social media

A recent TechTarget report revealed that no one standard exists across industries when it comes to the cost and content of policies governing social media use in the workplace. This is especially true when it comes to eDiscovery, the report stated.

eDiscovery standardization on the way

Demonstrating the maturity of the market for services and the technology itself, the Legal Electronic Data Exchange Standards organization is set to hand down billing codes for eDiscovery, according to a recent report from Corporate Counsel.

Study shows Facebook is most popular social media in eDiscovery

Earlier this year, it was revealed that it would just be a matter of time before social media data was requested more often in eDiscovery litigation. A new report has revealed what path such requests generally take.

Attorney: Media management will help reduce eDiscovery costs

Taking the right precautions before any legal action occurs is the way to avoid paying excessive fees for eDiscovery, according to a blog post at Forbes by attorney Robert Brownstone.

Media management for eDiscovery hitting the mainstream

The intersection of the digital and legal worlds continues to get more complicated, which is why specialists in eDiscovery have been frequently popping up of late, according to TechTarget.

Legal cost assessments from eDiscovery can't necessarily be done by a Special Master

Companies can't count on getting their eDiscovery costs covered by their opposition in a court case, even if they win, Ben Kerschberg writes in Forbes.

Email archiving isn't just for corporate titans, expert says

Specialized software solutions for email archiving or other media management tasks are important to businesses of all sizes for several reasons, according to expert Kenneth Hess, writing for Infostor.

Top issues in eDiscovery affect many companies

Some of the most pressing legal issues affecting companies in the area of eDiscovery center on the burdens imposed by the law, according to a report from Forbes expert Ben Kerschberg.

Technology a key part of eDiscovery practices

As companies continue to shift from paper toward electronic documents, many are finding it necessary to improve their eDiscovery practices to not only save a company money, but reduce the risk of litigation.

Attorneys pushing for eDiscovery certification

As eDiscovery becomes a growing and more common part of doing business, many attorneys are advocating a movement toward certifying eDiscovery professionals.

Study: Government eDiscovery practices improving

A new study by discovery management firm IE Discovery found government agencies and legal firms are becoming more adept at managing and responding to eDiscovery requests.

California cities overwhelmed by data archiving system

A piece of legislation designed to ease the state's eDiscovery practices is beginning to look like a bad idea, as California cities are reportedly struggling to cope with the increased pressure, according to Government Technology.

eDiscovery bolstered by project management

According to a recent Law.com report, companies can boost their eDiscovery practices by bringing on board someone with project management skills or by training a person in such skills in the field.

Business struggle with email storage, archiving

While email has become an essential form of communication for nearly every business in the last two decades, many companies are still struggling to maintain their email services, according to a recent Processor.com report.

Study: Attorneys improving eDiscovery practices with technology

A new study by the Xerox Corporation found technology is playing a major role in enabling attorneys to address the requirements and challenges of eDiscovery.

In-house eDiscovery useful, but complicated

As the threat of eDiscovery sanctions continues to loom, many businesses have opted to deploy in-house solutions to ensure their information meets certain regulatory standards.

Gartner: More eDiscovery for social media by 2013

Gartner recently predicted half of all companies will be required to produce social media material as part of eDiscovery requests by 2013.

eDiscovery sanctions decrease in 2010, study finds

The frequency of eDiscovery sanctions granted is declining, as courts show signs of using more caution when evaluating requests, a recent study by law firm Gibson, Dunn & Crutcher found.

eDiscovery sanctions on the rise, study finds

Though the original purpose of eDiscovery was to simplify litigation, a recent report found lawyers are being sanctioned for electronic discovery violations more than ever.

International eDiscovery set to grow in 2011, report says

Just as 2010 saw an increase of eDiscovery technology and processes in the United States, so will 2011 see a similar trend occur on a global scale as organizations handle greater amounts of internal data while meeting stricter compliance regulations.