Podcast List Archives - Page 2 of 2

Agreeing on Key Words, The Tooth Fairy and Other Myths

With the big push on cooperating to reduce costs and improve discovery, we take on one of the big issues in electronic discovery, key word searching. Can you cooperate on key words and gain real efficiencies? Why do we battle over key words?

Cost Shifting and Fee Splitting in Electronic Discovery

Today’s show talks about the mechanics of cost shifting but we also delve into how new technologies such as concept searching can be addressed in meet and confers to reduce costs. Given the different perspectives, a variety of opinions will be shared including how important the Proclamation Collaboration can be to reducing cost shifting arguments to real disputes.

Social Media Creates Business Opportunities, Messes and Work for Lawyers

Today’s show will be a combination of topics as we discuss why social media is such a useful tool for businesses (including law firms) by enabling organizations to connect with communities of users in very dynamic ways. We will also talk about some of the risks these tools can create rather quickly as users lose control of messages which can spiral out of control on the internet.

The Vendor Control Pendulum in Electronic Discovery

Control of vendor relationships in electronic discovery has shifted over the past few years with more companies taking an active role in managing preferred vendor relationships. We will discuss what the field was like before this shift occurred, what the outcome of this shift is, and if it is resulting in better projects and improvement in electronic discovery process.

Government Investigations and Electronic Discovery

Listen to how the rules differ when the government is involved and what remains the same. Despite the economic downturn of the past year, regulatory electronic discovery has been a field largely unaffected. In some respects, it has been a growth field compared to the rest of the electronic discovery industry. Yet, the rules are different and working through electronic discovery issues with the government can be an art.

How State Law Can Differ From Federal E-Discovery Law in New York

How does state law and federal law can differ in electronic discovery cases. In this episode, we will be discussing New York state law and how it contrasts with federal electronic discovery practice.

Request for Idea to Offer Law School E-Discovery Clinics to Small Law Firms

This podcast is really just a short description of an idea and a request to get in touch with me if you like the idea and want to help, are a law student and can provide some feedback on the idea, know a law school that teaches electronic discovery or, better yet, know a professor who teaches electronic discovery.

Mid-Year 2010 Summary of Electronic Discovery Cases

Together we are going to tackle the mid-year review of electronic discovery cases. What are the themes and trends? What types of cases are being filed? Are spoliation cases growing? Is electronic discovery going more mainstream now with more courts weighing in or are we seeing mega decisions still from the judges who have been pioneers in the field?

The 4th Amendment and E-Discovery in Criminal Matters

Learn how the 4th Amendment in criminal cases intersects with electronic discovery. Our panelist for today’s show is Justin Murphy with Washington DC based Crowell & Moring who proposed this show when we met a month ago in Washington, DC. It is exciting to be able to take ESIBytes into new fields like criminal law so I appreciate Justin’s insights into criminal law.

Electronic Discovery and Home Computers

Home computers are filled with lots of interesting ESI about custodians but they also raise unique privacy issues.

Early Case Assessment (ECA) Strategies – The Wrong Way and The Right Way

We will talk about common methods used today; what some of their limitations are; how like any database driven task, a bad collection or poor records management at the front end can impede good ECA; and how new technologies like concept searching are making ECA easier to accomplish.

100th Judge Signs The Cooperation Proclamation

We have the pleasure of speaking with the Hon. Joyce Flowers Conti from the Western District of Pennsylvania who recently became the 100th judge to sign off on The Cooperation Proclamation. Joining her on this show will be Richard Braman, the Executive Director from The Sedona Conference who will update the audience on the progress of The Cooperation Proclamation to date and to celebrate this milestone.

Quon and the Supreme Court Tackling An E-Discovery Issue

Learn about the U.S. Supreme Court’s recent decision in Quon and how it sheds light on the Supreme Court’s take on electronic discovery. Widely viewed as a punt, the Supreme Court did not talk much about electronic discovery and instead based its decision on whether the 4th Amendment was violated.

Local E-Discovery Tools

This show talks about “Friends of E-Discovery” as a local tool to foster best local practices when tackling E-Discovery issues. At these meetings, local lawyers from in-house and outside law firms show up and confidentially discuss their issues and ideas on how to better handle records management, legal holds, and e-discovery.

Associates’ Perspectives On Supporting Electronic Discovery Matters

This was a very interesting show from a perspective not covered at most e-discovery conferences. Yet for law firm management, understanding your resources and how to attack the management of electronic discovery matters is of huge importance.

The Truth about Metadata

We explore more deeply the burdens metadata productions place on defendants, how much metadata can improve review process instead of leading to a smoking gun piece of evidence (which is fairly rare), and other thoughts in this area. Metadata is like the DNA of electronic files. Find out more how it fits into the e-discovery process by listening to the show.

The Legal Hold Battle

In this podcast, we talk about what really goes through the minds of outside and in-house counsel when it comes time to implement a legal hold and preserve ESI. A recent informal survey of practicing E-Discovery attorneys and in-house attorneys revealed there might be some differences of opinion on how involved a legal hold should be.

An Overview of Privacy Laws and ESI

Learn about the changing landscape of privacy laws involving ESI including social media, company owned hardware, email accounts, company owned PDA’s and other areas where employees blur the line between professional life and personal life.

E-Discovery Lawyers Training Other Lawyers

Three different E-Discovery lawyers from three different types of law firms join us to discuss how they interact and “coach” other lawyers in their firm on the nuances of E-Discovery.

Can You Do E-Discovery By Yourself?

DIY is a theme which emerged in the recent show on E-Discovery process. This is a short show but we consider the topic as a real ESI “Bite” of ESIBytes.

Building E-Discovery Work Flow

The topic for discussion in this podcast is how to create an E-Discovery process. Individual components will be discussed as well as the challenges of building process in the middle of a case.

Scaling and E-Discovery Process

Learn about the challenges of creating a scalable E-Discovery process. It is not difficult for companies in “bet the company” litigation to create a process to deal with cases. Budget is never an issue and tools can be sources which appear to meet the challenge. When things get interesting is the smaller case. The unique challenges this approach put on an organization as well as what solutions might be will be discussed.

Lessons on E-Discovery in Canada

This is a useful show for legal professionals who might litigate cases in Canada as well as legal professionals who want to hear ideas of what works from our neighbors up North. Their system is far less adverserial and yes there are more privacy laws which differ from U.S. laws.

Law School Students on E-Discovery With Judge Grimm

We interviewed 8 law students who have been taking electronic discovery courses at three different law schools: The University of Florida, The University of Texas and The University of Alabama. On a number of podcasts we have heard from E-Discovery analysts and participants, such as Judge Scheindlin and Ralph Losey, that law students perhaps represent the future saviors of the Electronic Discovery field. Well now we give a group of students who have been studying this topic in their law schools a chance to weigh in on the topic.

Admissibility Pointers From The Bench Featuring Judges Grimm and Rosenbaum

Listen to a discussion on issues associated with the admissibility of ESI in litigation from two judges who have stellar backgrounds in this space.

Pension Commitee, Rimkus Consulting and E-Discovery Appeals

Listen to our discussion about the split among federal circuit courts on the level of culpability required to result in sanctions in electronic discovery cases. In addition to analyzing this, we will also discuss the practical challenges of appealing any E-Discovery decision and whether common law principles are an effective way to create fluid and evolving guidance for e-discovery lawyers and their clients.

Concept Searching in Electronic Discovery

In this program we will talk about how to use concept searching tools, what concept searching means to key word searching, how to use concept searching to really beef up early case assessment and review, some of the challenges of using concept searching, and a variety of other related topics.

Should Law Firms Outsource or Insource E-Discovery Tools?

We’ll discuss the complex issues associated with the question of whether or not firms should outsource or in-source eDiscovery tools. What it takes for a law firm to be able to sustain managing technology in e-discovery, the risks of owning software, when it makes sense, and other issues will be discussed.

Pension Committee Opinion and Legal Holds

During this podcast we talk about the Pension Committee opinion, analyze the major flaws in the plaintiffs legal holds, how pervasive the problem of poor legal holds are, the importance of written legal holds, any unusual fact patterns in this case which might cause this case to be an anomaly, other problems illustrated by the case, and a wrap up with some tips for doing effective legal holds.

LegalTech® 2010 Live Interviews And Review

ESIBytes goes on the road to New York City to interview random guests at Legal Tech® 2010 for their opinions on the state of Electronic Discovery and the Legal Tech show itself.

How To Work With E-Mediation and Special Masters in E-Discovery Cases

Listen to Allison Skinner from the Birmingham, Alabama based law firm Sirote & Permutt, Peter Vogel, head of E-Discovery with the Dallas office of Gardere Wynne Sewell LLP and Karl Schieneman, Director of Legal Analytics and Review with JurInnov, discuss e-Mediation and Special Masters in electronic discovery cases.

The Top 10 E-Discovery Opinions of 2009

Listen to Karl Schieneman, Director of Legal Analytics and Review with JurInnov, and Ron Hedges, former magistrate judge from New Jersey and well known electronic discovery consultant, recap some of the most significant electronic discovery opinions of 2009.

The Role of Specialization in E-Discovery

Several interesting questions are discussed, including: What role do generalists play? When is a specialist required and how can specialists assist in electronic discovery? How should generalists interact with specialists to make electronic discovery projects go smoother?

The Year In Review – ESIBytes Top Shows Revisited and Summarized

Listen to this show and you will get an interesting overview of how much useful information has been compiled on the ESIBytes podcast site due to the support of so many national experts. 2009 has been a success and we look forward to recording many more useful shows in 2010. To all our listeners, we wish you a healthy and prosperous New Year.

The Case For Cooperation in Electronic Discovery

If you have ever wondered how cooperation fits into the litigation world, this is a show for you to listen to. Each of the participants sits in different roles in the electronic discovery process and we will explore cooperation principles from their differing perspectives which come to similar conclusions. If both sides do not cooperate on discovery matters when there is substantial ESI involved, all parties run the risk of losing.

Should We Be Scared Of Back Up Tapes in E-Discovery?

Today, technology has improved and costs have come down. Work process has improved to the point where sometimes you might want to go to back up tapes as a first choice. This show will attempt to help those who are not techies have a better sense of what it means if you agree to go to back up tapes. We’ll discuss what the pitfalls are and how back up tapes can help you with E-Discovery.

E-Discovery From The Trenches – What a Contract Attorney Sees

Listen to a contract attorney discuss what happens on projects, what works, what could be done better. This show is being done to discuss the management of contract attorneys and whether there is room for improvement in this area.

The Relationship Between Effective Records Management and Legal Holds

On a past ESIBytes podcast on legal holds, I commented that legal holds strike me as being the “bastard child” of records management because they share so many of the same issues, with the exception that legal holds are done under the cloud of litigation and are sometimes easier to find funding for. Listen to these two experts talk about the these two processes and how to execute on both of them.

Helpful Tips for ESI Data Mapping to Reduce E-Discovery Costs

Get practical advice on how create a data map to prepare for E-Discovery more efficiently. The first step of the legal hold process is identifying your ESI. Listen to our expert panel describe how to do this effectively and common mistakes that can be made and to avoid. An effective data mapping project can result in reduced e-discovery costs and act as an insurance policy against spoliation charges as an example of a company’s good faith efforts to keep track of their ESI for E-Discovery.

Data Mismanagement in E-Discovery

Listen to E-Discovery pioneer and data recovery expert Quin Gregor talk about some of the biggest risks in data mismanagement and what to do when you have ESI which “might” be inaccessible. We will discuss back up tapes, flaws in how we store data today, how to evaluate what to store, critical issues in storage retrieval, when you know you have a data storage mess on your hands, what to do about obsolete data, when data is inaccessible, and we will touch on the implications of the cloud.

Proportional E-Discovery

Listen to the Hon. James Rosenbaum and Jonathan Redgrave from Nixon Peabody talk about how proportionality is affecting the field of E-Discovery. This is a very interesting episode given Jonathan’s depth of experience in the field and Judge Rosenbaum’s perspective from the bench.

E-Discovery of Databases – Plaintiff’s and Defendant’s Perspectives

What is unique about this show is it can turn into a bit of a debate because we have both plaintiff and defense oriented experts on this show. From both perspectives we will try to cover when database information can be useful to a case, how to get at it, what the challenges seem to be, the process of preserving, collecting and reviewing database ESI, proportionality concerns, where to find good database E-discovery experts, and what developments we see in the database field related to electronic discovery.

Legal Malpractice and Other Risks with E-Discovery

We delve into the topic of legal malpractice and other risks with E-Discovery. The panel will start by discussing what is legal malpractice then discuss different types of fact patterns which have occurred in the world of E-Discovery and whether they might rise to the level of malpractice risk.

The State of E-Discovery by George Socha

Listen to the well known E-Discovery Consultant George Socha and co-author of the influential Socha-Gelbmann E-Discovery Survey discuss what their survey is indicating and where George thinks the industry is heading. This is a great opportunity to learn from someone who has a good perspective on the industry.

E-Discovery and Antitrust Law

Topics we will discuss include where E-Discovery impacts Antitrust law the most, whether the Collaboration Proclamation being pushed by The Sedona Conference and cited in the Mancia case works in Antitrust cases, how system data such as accounting data is compiled and produced and other tips based on Jeane’s experience in the field as a thought leader.

E-Discovery and Family Law

Listen to Pittsburgh based family law attorney David Pollock and Cleveland based forensic expert Barry Gummow from JurInnov, discuss how E-Discovery can impact a family law case. David has given live presentations with me in the past on electronic discovery and I look forward to bringing him onto ESIBytes to share his insights with a national audience into how Electronic Discovery impacts family law cases.

Rule 502: Are We There Yet?

Today we tackle the vexing world of waiving privilege with ESI with two outstanding panelists and moderated by Karl Schieneman, Director of Legal Analytics and Review at JurInnov. Privilege waiver and the challenges faced with ESI have been tackled in a number of high profile cases by one of our panelists Judge Grimm and written about by Tom Allman.

Questions a Company Should Know About Records Management

In this podcast we explain why the answers to several questions must be answered by in-house attorneys. Sample questions include: 1) Who is involved in establishing an E-Discovery ready records management program or process? 2) Does the company have records management policies? 3) What are the company’s procedures regarding record holds? Are certain employees assigned specific responsibilities regarding records holds? What responsibilities would they be? What is the best way to let company employees know about a record hold?

How to Shop for Electronic Discovery Services

This show might be more accurately described as how not to shop for electronic discovery services. Listen to Brett Burney, a leading electronic discovery and legal IT consultant, provide a framework for this important issue which law firms and company’s both face. What should you look for? When is price the most important issue? How do you perform a reference check? When can comparing price can turn into an apples and oranges comparison? These and other issues will be discussed.

Tips and Info. about the ESIBytes Website

I thought I would do a show and talk about how I use the website in my own electronic discovery practice, why we changed the look and feel of the website, and to call out to listeners to propose topics and guests on the show. This should be a short show but it gives me a chance to spend 10 minutes or so and give listeners a chance to reflect on what I think about the show as we approach our 50th episode.

What Auditors and CPAs Can Teach Electronic Discovery Attorneys

Topics which will be covered include how audited financial statements are used, how audits are planned, the role of an audit program to guide and document the steps of an audit, how sampling records is a significant part of an auditor’s job, and whether they believe auditing principles could be applied to electronic discovery challenges. Come join us for an interesting podcast on a topic which might be a first for the electronic discovery world.

Top 10 Electronic Discovery Opinions

Listen to the former United States Magistrate Judge in the United States District Court for the District of New Jersey, and well know electronic discovery speaker Ron Hedges identify his top 10 electronic discovery opinions of all time (to date). Ron is an active member of The Sedona Conference® and was the conference Co-Chair on the Planning Committee of Georgetown University Law Center’s Advanced E-Discovery Institute in November 2007. He was also the Co-Chair of the E-Discovery Certification Program Steering Committee of the Georgetown University Law Center. He is also currently a Member of the International ARMA Records Destruction Task Force.

Electronic Discovery and Medical Records

In this program we will discuss electronic discovery in general and how effective records management impacts e-discovery. We will then delve into the unique issues facing hospitals and other healthcare organizations as they implement electronic records management programs to get a better handle on delivering health care solutions to patients. With these efforts come more exposure to the world of electronic discovery.

Electronic Discovery Lessons from Dedicated Review Teams

The program will discuss issues associated with the human side of electronic discovery such as metrics, differences among review tools, rewarding good review work, quality control processes, and strategies, as well as risks, to avoid when building a review team for an electronic discovery project.

Electronic Discovery Tips for IP Litigation

Learn E-Discovery tips related to IP Litigation from Cisco attorney Mark Michels and Covington & Burling partner Edward Rippey moderated by Karl Schieneman, Director of Legal Analytics and Review at JurInnov. Both of the panelists are active in the world of IP litigation and electronic discovery and they provide an interesting in-house versus outside counsel perspective.

Working with First Time Clients on Electronic Discovery Projects

Listen to an all-star panel of attorneys discuss how to hand-hold a client who is experiencing electronic discovery litigation for the first time. The attorney panel we have assembled is well versed in this issue because each participant has headed up electronic discovery practices at sophisticated regional law firms with national practices.

Part 1 Migrating From E-Discovery to Effective Records Management by an All Star Panel

This is part 1 in a two part podcast. Listen to one of my older “vault shows” taped as a legal audio conference CLE by Pike & Fischer’s Digital Discovery and e-Evidence publication, which was subsequently acquired by BNA. This panel was the second show we did in this format and had an incredible panel as well as a very interesting topic – the link between records management and electronic discovery.

Part 2 Migrating From E-Discovery to Effective Records Management by an All Star Panel

This is part 2 in a two part podcast. Listen to one of my older “vault shows” taped as a legal audio conference CLE by Pike & Fischer’s Digital Discovery and e-Evidence publication, which was subsequently acquired by BNA. This panel was the second show we did in this format and had an incredible panel as well as a very interesting topic – the link between records management and electronic discovery.

Part 1 Records Management & Electronic Records Readiness All Star Panel

This was another show from the BNA vault of E-Discovery CLE’s I presented over the last few years before launching ESIBytes™. For sheer star power, it would be hard to top this audio broadcast. The panelists were: Greg McCurdy, one of the early star panelists in the electronic discovery world from Microsoft Corporation; Ed Wolfe, head of electronic discovery and records management at General Motors and long time Sedona Conference member; Jim Michalowicz, ACT Litigation and formerly with Dupont and Tyco; David Martin, head of electronic discovery and records management at Medtronic; and David Cohen, Co-Chair of Electronic Discovery at Am Law 100 law firm K&L Gates.

Part 2 Records Management & Electronic Records Readiness All Star Panel

This is part 2 from another of the audio broadcasts I presented with BNA over the last few years before launching ESIBytes™. For sheer star power, it would be hard to top this audio broadcast. The panelists were: Greg McCurdy, one of the early star panelists in the electronic discovery world from Microsoft Corporation; Ed Wolfe, head of electronic discovery and records management at General Motors and long time Sedona Conference member; Jim Michalowicz, ACT Litigation and formerly with Dupont and Tyco; David Martin, head of electronic discovery and records management at Medtronic; and David Cohen, Co-Chair of Electronic Discovery at Am Law 100 law firm K&L Gates.

Electronic Discovery in Employment Law Cases

We will be discussing in the context of electronic discovery: (1) Harrasment and Discrimination cases, (2) Wage and Hour Cases, and (3) Missing Intellectual Property.

What Is Concept Searching?

We will focus this podcast on what exactly is concept searching. Lots of tools say they are concept searching. What does this mean? What are the ranges in concept searching? How do you effectively do concept searching? How important is process to the entire search and retrieval effort. How do you build a “cocktail approach” to designing the right electronic discovery process. These and other issues will be addressed by Dr. Herb Roitblat.

The Status of Meta Data Case Law

Meta Data is essentially the finger prints which all electronic records have. Who created the file, the date it was created, changes to the records, are just a few examples of Meta Data. Often times, Meta Data itself can be the smoking gun in a lawsuit when retrieved in a defensible manner and examined properly.

The Top 10 Ways to Reduce Costs of Electronic Discovery

Listen to Kirkpatrick & Lockhart Gates attorney David Cohen, discuss 10 ways companies can reduce the costs of electronic discovery. Mr. Cohen is a partner in K&L Gates where he co-chairs the firm’s e-Discovery Analysis & Technology (e-DAT) Group. Mr. Cohen has over 25 years of commercial litigation experience in a variety of subject matters. David Cohen is a frequent national speaker on electronic discovery, using technology in litigation and electronic records management. He has also authored numerous legal publications.

The Sedona Conference Cooperation Proclamation

Our guest, Richard Braman, will provide an overview of The Sedona Conference and some of its noteworthy accomplishments in the field of electronic discovery. He will then spend most of his time describing The Sedona Conference Cooperation Principles: Guidance for the Bench, In-House Counsel, Litigators, and Mentors/Mediators/Facilitators which The Sedona Conference is currently promoting. He will also describe how to get more information on this and other The Sedona Conference initiatives for free.

Case Closing – A Step In The E-Discovery Life Cycle

Listen to Jim Michalowicz, a Director at Act Litigation discuss why effectively closing an electronic discovery case is a part of the E-Discovery Life Cycle. Jim has had a long career in electronic discovery and is one of the original members of The Sedona Conference. Prior to working at ACT Litigation Services, Jim has been a consultant for Altman Weil, the Litigation Program Manager at Tyco International, Inc., and the Manager of Litigation Support at E.I. Dupont de Nemours and Company. Jim is also a Six Sigma Black Belt.

Managing Large Electronic Discovery Projects

The topic of managing large review teams has seldom been discussed nationally in the e-discovery world, but given the substantial costs of e-discovery, is worth analyzing. Listen into what is possibly one of the first national presentations of this electronic discovery topic as we discuss best practices and theorize about ways to improve the process. Topics include how to start a project, transitioning from small to larger projects and the issues which can occur, how to approach training, developing an organizational structure, devising a process to maintain quality, how technology intersects with reviewers, and what are the major issues being discussed in the electronic discovery world on the human aspect of electronic discovery review.

Does Size Matter In Electronic Discovery – Part 1

Listen to an all star panel discuss the impact size has on electronic discovery cases and on electronic records management. In this show we critique three cases which involved midsize participants. We also discussed ideas and best practices for the midsized law firm and the midsized corporate client.

Does Size Matter In Electronic Discovery – Part 2

Listen to part 2 of an all star panel discuss the impact size has on electronic discovery cases and on electronic records management. In this show we critique three cases which involved midsize participants. We also discussed ideas and best practices for the midsized law firm and the midsized corporate client.

Electronic Discovery Pioneers Share Their Tips – Part 1

Listen to an all star panel provide tips on electronic discovery on what works in electronic discovery, what’s practical in electronic discovery, and what not to do in electronic discovery cases. This show was recorded on May 30, 2007 by BNA’s Digital Discovery and e-Evidence publication as part of a series of Electronic Discovery audiocasts I moderated.

Electronic Discovery Pioneers Share Their Tips – Part 2

Listen to part 2 of an all star panel providing tips on electronic discovery and on what works in electronic discovery, what’s practical in electronic discovery, and what not to do in electronic discovery cases. This show was recorded on May 30, 2007 by BNA’s Digital Discovery and e-Evidence publication as part of a series of Electronic Discovery audiocasts I moderated.

Electronic Discovery Tips

Listen to Stephanie “Tess” Blair, the leader of AmLaw 100 law firm Morgan Lewis & Bockius’ eData team talk about views on the developing field of electronic discovery. Tess is a nationally recognized thought leader in electronic discovery. She is a member of The Sedona Conference® Working Group on eDiscovery, member of ARMA Electronic Discovery Advisory Board, Member, The Electronic Discovery Reference Model Working Group, and a Member of the Editorial Board of the Scientific Council of the Journal of Legal Technology Risk Management. Her practice group, eData, executes “best practices” designed to provide clients with state-of-the-art records and discovery management, knowledge sharing, and collaboration resources.

Navigating the Rapids of International Electronic Discovery

Listen to Electronic Discovery pioneer Jim Daley from Kansas City, MO based Daley Crowley LLP talk about the differences in Electronic Discovery once you leave the United States, including heightened privacy rules, harder project management and other issues associated with the international electronic discovery case.

You Don’t Bring Me Paper Duet

You don’t bring me paper duet with Karl Schieneman and Tim Opsitnick.

The Role of Special Masters in Electronic Discovery

What is the basis of the Special Master in an electronic discovery case? When do you hire one? How do you hire a Special Master? What exactly does a Special Master do? Who pays for a Special Master? How does a Special Master impact the rights of the parties in litigation?

Effectively Interviewing Custodians To Find ESI

Listen to Sherry Harris, from the law firm Hunton Williams based in Richmond, Virginia discuss the process of effectively interviewing a custodian to identify and collect only the meaningful, targeted folders of Electronically Stored Information (ESI). In this podcast, Sherry Harris will closely parallel the e-collection process to the paper collection process used by many for a long time.

Why Attorneys Are Challenged By Electronic Discovery

Listen to an overview of why attorneys are often challenged by Electronic Discovery concepts and managing Electronic Discovery cases. Laura Bandrowsky is the Practice Support Director at the national law firm Duane Morris LLP and is based in Philadelphia, PA. She is a member of The Sedona Conference Working Group on Electronic Document Retention and Production.

The Critical Role of Preservation in an Electronic Discovery

Listen to attorney David Ries describe the oft missed importance of requesting that your adversary preserve their electronic data. How to do this effectively, why it is important and how attorneys can mess this step up are some of the issues on preservation that we will address. This show will take you from the trigger of litigation through the preservation analysis. We will be recording a show specifically on litigation holds which is logically a good show to listen to after this podcast.

Electronic Discovery Advice for Small Law Firms

This show is intended to explore why there is a gap in knowledge in this field between large law firms and smaller practitioners. What tensions this gap in knowledge can place on the legal system as well as on clients of small law firms when electronically stored information is an issue in a case. Lastly, we will attempt to offer some advice to small law firms and solo practitioners on how to approach getting more comfortable with electronic discovery.

E-Discovery Trends and Forensic Tips

Listen to LTN Electronic Discovery writer and editor Craig Ball give an update of what he sees happening in the field of Electronic Discovery as well as an overview of how forensics fit into many electronic discovery cases. One of the more widely quoted experts in the field, Craig Ball is a true pioneer in electronic discovery and one of the most visible experts in the country having delivered over 500 presentations and papers on electronic discovery.

Top 10 Electronic Discovery Issues for Corporate Counsel

This top 10 list for companies proactively seeking to manage their ESI is a good overview of the process a company goes through when confronting electronic evidence in an electronic discovery case. Therefore you can use this list when starting a case or if you want to prepare for electronic discovery down the road.

Top 10 Electronic Discovery List for Plaintiff Lawyers

In this podcast, Ariana Tadler will be discussing under the umbrella of Rule 26(f), the Meet and Confer rule, how to deal with issues pertaining to preservation from the plaintiff or requesting parties perspective as well as the form of production. She will present an array of tips to make the process work easier both for her clients and to faciliate a collaborative discovery process.

Seven Steps for an Effective Litigation Hold

This podcast will cover why litigation holds are such a hot topic, what is a litigation hold, when is the trigger event for a litigation hold – including a brief discussion of the Phillip M. Adams, LLC v. Dell, Inc., 2009 WL 910801 (D.Utah March 30, 2009) decision, is there any proportionality considered before a party starts spending money to implement a litigation hold, tips for implementing a defensible litigation hold, data mapping as a litigation hold tool, and some advice on where to look for more information on litigation holds.

Search and Retrieval Tips from the Bench

In this episode we talk about the evolution of search and retrieval from the 10,000 foot perspective, the importance of documenting what you do, how experimenting plays a role in search and retrieval, how common law supports changing the model for search and retrieval and some of the flaws in the current search and retrieval model.

Innovative Ways to Approach Privilege Logs

Listen to this frank discussion on the abuses which occur when privilege logs are assembled and the wasted resources. Listen also to some tips on how to improve the process. In this podcast we cover where problems typically occur in privilege reviews, the toll document review of massive amounts of ESI is taking on the profession, quality and cost concerns with manual reviews, how using metadata to construct a privilege log can reduce some of the manual aspects of compiling a privilege log, how the Federal Rules offer support in this process although creating a specific description which judges appreciate might be a challenge, why having a process is so critical in doing a privilege review, to what extent judges will accept using other techniques outside of page by page review to do a privilege review, and why it’s important to get your approach outlined into terms any 12 year old can understand.

Electronic Discovery and Law School Curriculums

Listen to the Hon. Shira A. Scheindlin, United States District Court Judge for the Southern District of New York and Attorney and Electronic Discovery Blogger Ralph Losey discuss why it is important to teach law students electronic discovery principles. Judge Scheindlin has had a prominent career on the bench and is famous in the electronic discovery world for imposing sanctions on UBS Warburg in Zubulake v. UBS Warburg.

Records Management Tips – Practical Advice

Listen to past President of ARMA, Carol Choksy discuss why records management can be challenging to set up from the 10,000 foot level. Carol has worked in records management for more than 25 years. She has advised organizations in nearly every public industry sector as well as federal, state, and local government and NGOs on five continents. Her industry experience includes every phase of the records life cycle, particularly where technology has created problems. She has been a Certified Records Manager since 1996, and Project Management Professional since 2006.

Pt 1 Building An E-Discovery Process For Success – All Star Panel

This was the first online CLE program I hosted with Pike & Fischer back in December of 2006, the predecessor to BNA’s Digital Discovery and e-Evidence publication. Given the fact there have been at least 80 shows since, it must have gone alright. I believe this was one of the first shows on the electronic discovery circuit which attacked the nuts and bolts of an electronic discovery project in the trenches.

Pt 2 Building an E-Discovery Process for Success – All Star Panel

This was the first online CLE program I hosted with Pike & Fischer back in December of 2006, the predecessor to BNA’s Digital Discovery and e-Evidence publication. Given the fact there have been at least 80 shows since, it must have gone alright. I believe this was one of the first shows on the electronic discovery circuit which attacked the nuts and bolts of an electronic discovery project in the trenches.

Lessons From Qualcomm

We will discuss how cases like Qualcomm and Zubulake have changed the role of lawyers in electronic discovery matters into an almost outside auditor like position. We also talk about a more recent case, Bray Gillespie v. Lexington Ins. and how outside counsel can get stung by their own actions. Change and accepting new responsibilities are the key messages of these cases. They also highlight the critical need of better project management. Lastly, we also touch upon how such cases highlight the importance of lawyers developing new skills such as understanding technology.

Early Case Assessment in Electronic Discovery

In this show we discuss early case assessments, getting cost reduction through case assessments, how case assessments aren’t simple cheat sheets you can package and sell to clients, what is an effective early case assessment, who is involved in an effective case assessment, who has the skill set to put a dollar value on a case, and what an early case assessment really gives you. At the end of the show, Kevin will give some cost saving tips based on his electronic discovery experience.

Electronic Discovery in Everyday Cases

In this podcast, we break down everyday cases where E-Discovery occurs, offer tips on saving money, how to figure out what the use of experts in a case will cost, tips on preserving evidence – even if you aren’t sure you will use ESI, litigation hold measures for smaller cases, the format in which to provide evidence to an attorney for review, advice for selection of a good EDD vendor for smaller cases, the pitfalls of using an internal IT department for E-Discovery tasks, the importance of working with opposing counsel in smaller cases to be more effective and really save money, and where most attorneys mess up smaller electronic discovery cases.

David v. Goliath Part 1 – What Happens When Different Sized Parties Meet in E-Discovery: All Star Panel

The format of this presentation was we looked at electronic discovery from David’s perspective: Not having many electronic records but looking at an onslaught of electronic records about to be dumped on them. Also some of the concerns with fairness from judges and their reaction to economic arguments from the defense side. We also talked to Goliath, the defense side of most cases. We asked their opinion on the various stages of an electronic discovery case understanding they were incurring significant costs right away in the case. As you can hear, David and Goliath did not agree on much.

David v. Goliath Part 2 – What Happens When Different Sized Parties Meet in E-Discovery: All Star Panel

We looked at electronic discovery from David’s perspective: Not having many electronic records to produce but looking at being dumped on with an onslaught of electronic records. Also some of the concerns with fairness from judges and their reaction to economic arguments from the defense side. We also talked to Goliath, the defense side of most cases. We asked their opinion on the various stages of an electronic discovery case, understanding they were incurring significant costs right away in the case. As you can hear, David and Goliath did not agree on much. This was a very entertaining program.

Can You Project Manage Electronic Discovery?

Listen to Cleveland, Ohio based E-Discovery consultant Brett Burney from Burney Consultants and Pittsburgh, Pennsylania based Karl Schieneman from JurInnov discuss project managing electronic discovery and cover material from a chapter in a book I wrote for PBI on “Project Managing E-Discovery?” It will be nice to step out from behind the desk a little bit on a podcast and Brett and I will be co-hosting this show or having a 2 way discussion on this topic which we both believe is critical to doing projects better and more cost effectively. Recently in May 2009, The Sedona Conference WG1 drafted a publication called “Achieving Quality” which provides an overview of some strategies which appear to offer promise to improve the quality of electronic discovery review projects. The publication begins with the importance of having a strong team leader for project management purposes.

The Ethical Obligations in Electronic Discovery

In this podcast, we examine generally why Ralph Losey believes there are more issues with spoliation and sanctions in electronic discovery than in any other area of law. We discuss why these trends seem to be occuring generally before moving into the ethical rules which guide attorneys. We discuss six ethical rules and how each impact electronic discovery. Rule 1.1 Competence, Rule 1.3 Diligence, Rule 1.6 Confidentiality, Rule 3.2 Expediting Litigation, Rule 3.3 Candor to the Tribunal and Rule 3.4 Fairness to Opposing Party and Counsel. Then at the end, we provide some tips on how attorneys can attack the ethical issues and remain compliant and improve their ability to work with ESI.

What To Do If A Judge Lets You Down In An E-Discovery Case

This topic is often discussed at E-Discovery conferences but seldom presented. Listen to this brave panel of attorneys and nationally known educator of judges on electronic discovery principles, Ken Withers, as they tackle this topic. Some general war stories these attorneys have heard from their colleagues over the years will be shared. The goal of this podcast is to offer constructive advice for judges and lawyers on what can go wrong from the defense perspective when a judge comes down too hard on them.

Electronic Discovery Issues in Web 2.0/3.0 and Social Media

We will talk about some of the new technologies which are out there including Wikis, Blogs, Instant messaging, Cloud computing, Twitter, Facebook and MySpace. How to deal with these technologies from an E-Discovery context. What some of the legal risks and some of the legal guidance is in this space. Lastly, we will broach as a teaser, a future podcast, using Web 2.0 technologies to project manage electronic discovery. I think this was a really good show.

Electronic Discovery in Bankruptcy Cases

How is electronic discovery shaping the foreclosure mess and assist homeowners facing foreclosure? Learn how using today’s automated search tools may be the only way to uncover fraudulent conveyances and to determine the financial maneuvering of the debtor when you have limited resources. What works and what you should be concerned about before embarking on electronic discovery in a bankruptcy case. What some of the electronic discovery concerns are when facing a bankruptcy process? Why bankruptcy attorneys need to understand Electronically Stored Information (ESI).

Evaluating Search and Retrieval Tools in Electronic Discovery

This show will generally discuss the different types of search tools that are out there and why they all operate differently. We will discuss some fairly granular issues which the unwary might not notice when relying on a search engine to find everything. Topics we will discuss include the differences between search engines, how search engines operate, the role stop words play within search engines, to what extent hiring search experts is required, strategies for deduplicating documents, how to store data in your search engine, wading through misspelled words, variants and synonyms, the issue of saving accurate time zone metadata in ESI, different quality control steps for review, how to evaluate different search engines, and where these two experts believe the field of search will be heading in the next few years.

Podcast List

Tags

Login Status

Our Sponsors

Recent ESI Bytes Shows