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?
Read MoreThe 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.
Read MoreElectronic Discovery and Home Computers
Home computers are filled with lots of interesting ESI about custodians but they also raise unique privacy issues.
Read MoreEarly 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.
Read More100th 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.
Read MoreQuon 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.
Read MoreLocal 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.
Read MoreAssociates’ 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.
Read MoreThe 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.
Read MoreThe 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.
Read MoreAn 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.
Read MoreE-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.
Read MoreCan 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.
Read MoreBuilding 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.
Read MoreScaling 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.
Read MoreLessons 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.
Read MoreLaw 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.
Read MoreAdmissibility 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.
Read MorePension 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.
Read MoreConcept 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.
Read MoreShould 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.
Read MorePension 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.
Read MoreLegalTech® 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.
Read MoreHow 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.
Read MoreThe 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.
Read MoreThe 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?
Read MoreThe 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.
Read MoreThe 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.
Read MoreShould 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.
Read MoreE-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.
Read MoreThe 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.
Read MoreHelpful 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.
Read MoreData 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.
Read MoreProportional 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.
Read MoreE-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.
Read MoreLegal 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.
Read MoreThe 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.
Read MoreE-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.
Read MoreE-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.
Read MoreTips 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.
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