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Category Archives: eDiscovery Law & Process

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Exterro eDiscovery Guide — Brownstone Featured in Snippet

Posted in Culling and T.A.R., eDiscovery Law & Process, eDocument Reviews, Predictive Coding
Hi all.    Exterro has recently published what looks like a fine overview of the eDiscovery process, “The Basics of E-Discovery Guide.”  It describes a wide range of topics in easily digestible chunks. Sprinkled throughout are quotes from various folks in the eDiscovery field.  Yours truly is one of those people.  My snippet is at the very bottom… Continue Reading

ESI & eDiscovery FRCP Changes @ 12/1/15 — While You Were Leftover-Eating

Posted in eDiscovery Law & Process, Federal Rules Changes, Meet and Confer, Preservation and Spoliation, Privilege Clawbacks
Introduction Now that you’ve likely had your fill of turkey sandwiches, turkey salad, turkey soup and the like, there is a new development on which to focus.  On midnight December 1, 2015 the eDiscovery-related Federal Rules of Civil Procedure changed for the first time since their adoption exactly nine years ago. The changes fall into three… Continue Reading

Sarbanes Oxley (SOX) Criminal Prosecutions — a Library

Posted in eDiscovery Law & Process, Preservation and Spoliation
Sarbanes Oxley (SOX) Criminal Prosecutions — a Library Check out the new SOX Obstruction of Justice Resources Page now live at <>. Let me know of additional links to other statutes, decisions, articles, etc. And let’s be careful out there . . . . .  … Continue Reading

Technology Assisted Review ( TAR ) — Another Peck Decision

Posted in Culling and T.A.R., eDiscovery Law & Process
Check out the following items issued this week by Magistrate Judge Andrew J. Peck in Rio Tinto PLC v. Vale S.A., No. 14 Civ. 3042 (RMB) (AJP) (S.D.N.Y): Opinion & Order (3/3/15) [“Predictive Coding  . . .  a.k.a. Technology Assisted Review (TAR) – Da Silva Moore Revisited”] Stipulation and Order re: Use of Predictive Coding in Discovery… Continue Reading

Records Retention Projects: ‘Clean That ESI Garage!’

Posted in Backups, eDiscovery Law & Process, Electronic Information Management (EIM), Information Security, Records Retention/Destruction
In this colorful 6-minute Records Retention video, I provide an overview of how a well-organized Electronic Information Management (“EIM”) environment can help a company of any shape or size: improve efficiency; save money on storage; reduce risk; and prepare for litigation and eDiscovery. Fenwick & West’s  EIM Practice Group, which I lead, is now in its second… Continue Reading

European (EU) Data Protection Law Handbook now live (REVISED 6/12/15)

Posted in Cross-Border (International) Privacy Issues, Data Privacy, European Union (EU), International Law and Cross-Border Data Transfers
This 214-page document, “Handbook on European data protection law,” looks incredibly comprehensive.  It ends with 13 pages of citations to European case law on various issues. The resource was “jointly prepared by the European Union Agency for Fundamental Rights and the Council of Europe together with the Registry of the European Court of Human Rights.”… Continue Reading

While You Are Gorging — FRCP 45 (Non-Party Subpoenas) Changes Take Effect 12/1/13

Posted in eDiscovery Law & Process, Electronic Information Management (EIM), Federal Rules Changes, FRCP 45, Non-Party Subpoenas, Third-Party Subpoenas
Amended Federal Rule of Civil Procedure 45 to take effect When we all return to work from Thanksgivukkah weekend, Federal Rule of Civil Procedure (FRCP) 45, governing non-party subpoenas, will have changed, effective December 1, 2013.  To review the new content, follow one or both of these links: Redline version of amendments to Rule 45 (new… Continue Reading

Additional Resources Now Live on ITLawToday

Posted in Culling and T.A.R., eDiscovery Law & Process, Electronic Information Management (EIM), Records Retention/Destruction
Just a quick note to remind (?or first-mind?) everyone that this site’s Resources page is an ever-expanding universe. Some highlights of recent additions and changes include: New/replacement Litigation-Holds slide deck — from a webinar I did for National Constitution Conferences (NCC) on 9/12/13 Brand new eSignatures Bibliography posted on 9/11/13 New/replacement Records-Retention slide deck from a webinar I… Continue Reading

Translating for Technologists, Lawyers & Earthlings

Posted in Data Collection and Computer Forensics, eDiscovery Law & Process, Preservation and Spoliation
The Murky Way          An oft-repeated translating maxim is: technologists are from Mars, lawyers are from Venus. So getting IT folks and attorneys — both infamous for acronyms and jargon — to work together during eDiscovery can be challenging.  An interplanetary translator is often needed when attorneys and techies collaborate to tame the world of electronically stored information… Continue Reading

eDiscovery’s eVolution Akin To Disney’s Fantasia

Posted in Culling and T.A.R., eDiscovery Law & Process, Meet and Confer
Introduction to eDiscovery’s eVolution – Past, Present and Future Three segments of the 1940 Walt Disney classic Fantasia correspond with the three historical phases business information and civil litigation discovery have undergone in the past three-quarters of a century.  Fantasia, an iconic combination of a set of Disney-animated vignettes each set to a well known classical music… Continue Reading