Previous blog posts have discussed document management systems and provided some tips that can be implemented prior to a dispute or investigation, such as the creation of a Data Map at the outset of an eDiscovery project. This article focuses on discovery planning and agreements with opposing parties on the scope and nature of the eDiscovery process and exchange of data. During this phase, the parties and respective counsel must work with their document management systems used and the data that is available from all relevant sources.
Discovery planning allows parties to discuss and obtain disclosure of information needed to identify any document issues early in the process. … Read More
Once a dispute has arisen your enterprise will be required to preserve and produce records relevant to the issues in the dispute. This is referred to as the “Identification” phase of an eDiscovery project. As part of this phase, you need to identify the location of potentially relevant data. The identification phase involves understanding the location and nature of the data, and the people involved. This article will address the location and nature of the data, also referred to as a “Data Map”.
A Data Map is required to maintain appropriate records of the project and will assist in creating a defensible and most efficient preservation and collection plan.… Read More
An initial step for any business entity looking to proactively manage costs through the eDiscovery process is to re-examine its document management system (DMS).
A DMS is a system used to store, manage, and track electronic documents. The general benefits of an effective DMS have been touted for years – a DMS offers enhanced security and employees spend less time searching for information while losing less time to versioning issues. While these are all important considerations, a crucial perspective that is often overlooked is the eDiscovery aspect.… Read More
[4A] To maintain the required level of competence, a lawyer should develop an understanding of, and ability to use, technology relevant to the nature and area of the lawyer’s practice and responsibilities. … Read More
Candice Chan-Glasgow, Director, Review Services and Counsel
August 28, 2020
In a rare cost shifting order out of the United States, Lawson v. Spirit Aerosystems (D. Kan. June 18, 2020), the Kansas District Court granted defendant, Spirit Aerosystems, Inc’s motion to shift the costs of a technology-assisted review to the plaintiff, Larry A. Lawson. This case is a helpful reminder to litigants that the eDiscovery process must be proportionate to the needs of the case and that pursuing unnecessarily broad requests can lead to cost consequences.
Lawson is Spirit’s former CEO who retired on July 31, 2016. … Read More