2011 Trends in E-Discovery
Listen as we discuss technical topics like emerging standards, cloud computing and social networking and the challenges these place on existing review solutions, the growth in international e-discovery, automated review, and how the in-house electronic discovery market will continue to evolve.
Read MoreLegacy Data Issues and E-Discovery Pain
This podcast will focus on the challenges of getting rid of old legal holds which can turn into cesspools of data that can have no redeeming value to a company except provide more data that needs to be searched when future litigation occurs. This is a particularly thorny area and one with little legal guidance.
Read MoreAdministrative Law and E-Discovery – An Insider’s Perspective
Listen and learn about what works when a subpoena or warrant arrives at the doorstep of your client requesting information and ESI is involved. While the rules for E-Discovery are different, many of the same principles surrounding cooperation and open and honest disclosure still apply.
Read MoreRecords Management – An Insider’s Perspective and Its Impact on E-Discovery
On this show we will cover how effective records management can minimize the headaches associated with ESI in E-Discovery, provide tips on implementing a records management program, and discuss whether we are making progress with records management of ESI.
Read MoreSocial 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.
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 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 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 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 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 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 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 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.
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