Over Processing of ESI and The Microsoft Letter – Part 1

over collection of ESI

Listen to Karl Schieneman, Founder and President of Review Less and a predictive coding Adjunct Analyst for EDJ Group, as he moderates an interesting ESIBytes show with these special guests: recently appointed Federal District Court Judge Paul Grimm from the District of Maryland, District Court Judge Joy Flowers Conti from the W.D. of PA and Microsoft lawyer David Howard. On today’s show, we do part 1 of a 2 part series on the problems of over collection and the challenges this presents to corporations.

We’ll discuss the incredible analysis that Microsoft put together in preparation for a meeting in Dallas for the Rules Subcommittee to discuss detailed metrics on why the Federal Rules on E-Discovery need more guidance on the obligations companies should adhere to in order to make them proportionate to the case at hand. We had enough time in this segment to get updated on where the proposed amendments to the federal rules stand, walk through this eye opening letter and get the Judges reactions to it.  We then had an opportunity to begin looking at what lawyers need to do to effectively deal with this problem. Some great points were made by both Judges regarding what litigants need to do rather than simply say this is burdensome and present only two options, preserve or not preserve.

Part two will delve into some creative ways which technology might help deal with these problems. But this podcast did a great job of outlining the scope of the problem and how companies might want to join Microsoft in tracking this type of data about how much ESI flows through their cases from the litigation hold all the way to being offered at trial.

Recorded 01/21/2013

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