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This blog is a joint effort by the Digital WarRoom team of ediscovery  experts, attorneys, and software pros who share a vision. We believe that collecting, processing, and reviewing digital content for legal discovery should happen on every desktop, in a manner as natural as the original creation of the content.

Ediscovery on every desktop.

Ediscovery for everyone.

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To SaaS or not to SaaS for your next ediscovery project?

  
  
  
  
  

If you are like most of us, you are constantly reevaluating your ediscovery work flow.  When you do this you want to know “is my software current enough?” and “is my hosting vendor charging me current market rates or last years per gig rates?” If you have started to rethink what you are doing, you likely are about to consider the new ediscovery Software as a Service (SaaS) offerings.  A SaaS offering means your provider is renting you a hosted environment (virtual sever, cloud storage etc.) along with their ediscovery software.  The rest is up to you.  That is, you have to get your data onto this hosted environment, process it, review it, make a production (if your SaaS software has that capability and that’s a big if) and then get your production off your SaaS platform and into the hands of client and/or opposing counsel.  There is also another flavor of this, Infrastructure as a Service (IaaS), where your provider only provides you the remote hosted environment and you license ediscovery software from someone else to put on their hardware.  However, I am going to focus on SaaS today

Collecting Dynamic Data

  
  
  
  
  

As we shift from traditional disk based storage to cloud based alternatives, simple document collections have become increasingly more challenging. Here is a short list of tools I’ve used to capture dynamic content effectively.

The Great Big (GB) April Fool's Trick

  
  
  
  
  

This April, fools will pay by the GB.

Digital WarRoom Express and The Mainstream Majority: Ediscovery in the Real World

  
  
  
  
  

ACEDS recently published an article by Christine Taylor called “A call to vendors to make e-discovery affordable for ‘The Other 85 Percent.’”

NPE Gets Aggressive - Patent Troll Guilty of Racketeering

  
  
  
  
  

A well-known name in this patent troll mess is Innovatio IP Ventures, who after purchasing old Broadcom patents related to Wi-Fi technology, went on the offensive against users of this technology. In 2011, Innovatio had bought some older Broadcom patents, and then targeted coffee shops, supermarkets, retailers, hotels and other businesses that used the wireless routers with over 13,000 patent demand letters asking them to pay licensing fees of up to $5,000.

Technology, ediscovery and Your Ethical Obligations

  
  
  
  
  
IT_Lex Speakers Baron, Grossman, Losey

Rapid changes in cloud computing and social media are posing new challenges to the practice of law.  Consider for a moment the questions brought before legal and e-discovery
experts at the recent IT-Lex Conference in Winter Park:  Can a law firm host client data in the cloud? Is it wise for an attorney to ‘friend’ a witness on Facebook?  Can a company claim ownership of the LinkedIn relationships created by employees?

The first annual IT-Lex Innovate Conference, held October 16th
and 17th,  brought together a remarkable group of judges and experts in electronic discovery, document analytics, predictive coding, social media, and information privacy to explore
these and other timely issues in a series of panel discussions. 

A common theme across the day and a half was that it is the ethical obligation of every practicing attorney to understand the basics of the technology environment in which his or her client operates.  Further, attorneys involved in litigation or investigations that include electronic discovery are obligated to understand the specific processes of collecting, reviewing and producing documents in digital form.   




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eDiscovery: Get in the Game!

  
  
  
  
  
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Hey sports fans!  Summer time means baseball season.  In the eDiscovery field, it’s a whole new ball game too.  

Predictive Coding: Solomons New Baby?

  
  
  
  
  

Two recent events have brought a new focus on predictive coding and it's use in electronic discovery matters. The first was an order from Judge Robert Miller Jr., of the United States District Court for the Northern District of Indiana on April 6th in the case of In Re: Biomet M2a Magnum Hip Implant Products Liability Litigation (MDL 2391). That order has been referred to in numerous headlines as an endorsement of predictive coding. As an example Law Technology News asserted that “Indiana Federal Court OKs Jump-Start on Predictive Coding” and the ABA Journal went so far as to say that “Judge OKs Use of Predictive Coding to Cut E-Discovery Document Review Group from 2 Million to 5,000”.

Cooperation Is the Answer

  
  
  
  
  

The uproar over predictive coding following the recent order by Judge Miller in the BioMet case ( In Re: Biomet M2a Magnum Hip Implant Products Liability Litigation (MDL 2391), has prompted a real focus on both the products (more on that in a subsequent post) and the process used in that case. The latter of course has always seemed to me far more important than the former and by coincidence a separate blog post brought that point home once again this week.

What Are Six Biggest Blunders of EDiscovery?

  
  
  
  
  

How can you be in two places at the same time?   Last week Browning Marean and Tom O'Connor, Senior GGO EDiscovery consultant, along with Bruce Olson, founder and president of ONLAW Trial Technologies, faced this dilemna when they were all speaking on Thursday and Friday at the ABA TechShow in Chicago but scheduled to do the opening keynote session on Thursday at the University of Florida Levin College of Law/ EDRM two-day event, "E-Discovery for the Small and Medium Case."  (Bruce and Tom of course are the authors of Electronic Discovery for Small Cases: Managing Digital Evidence and ESI, published by the ABA's Law Practice Management section.)

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