eDiscovery Law & Process

Technology Assisted Review (TAR) / Predictive Coding — New Decision

Thanks to Hon. (Ret.)  Andrew J. Peck, now Senior Counsel at DLA Piper, I just learned of a hot-off-the-presses (yesterday) Technology Assisted Review decision by the Utah federal district court.

For a quote from, and link to, the Entrata decision, check out the recent updates to the TAR / Predictive Coding Library I maintain at this blog site.

And while you’re there, you’ll see another new link — to another predictive coding online resource maintained for CTRL by Driven, Inc.’s Phil Favro.

EU GDPR eDiscovery — Top Ten Tips for Litigators

by Robert Brownstone and Tyler Newby 
(with thanks to Shannon Turner and Sandra Pomeroy)

NOT LEGAL ADVICE.  This non-exhaustive Letterman-style list is to help you spot the GDPR’s potential impacts on data collection and production in litigation involving EU persons

Continue Reading EU GDPR eDiscovery — Top Ten Tips for Litigators

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 of Chapter 1, “Process“.

The Guide is also downloadable in .pdf form.

Happy reading . . . .

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 categories:

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

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):

Both are discussed in this hot off the presses article by SeanDoherty in Law Technology News:  Federal Court Approves Parties’ Technology-Assisted Review Protocol, LTN (3/4/15) (“New York district court approves TAR process agreed to by parties, but acknowledges the protocol used may not apply to all TAR cases.”)

Also, in general, be sure to check out my now-updated TAR and Predictive Coding Library.

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 decade.   In at least 50 matters, my EIM teammates and I have provided practical and economical hybrid legal / IT / information-security advice.

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.”

Note also that, since 2012, the Euriopean Union has been working on major proposed amendments to the “Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995″.   A revised EU Directive was “adopted” in January 2012, and ostensibly implementation in 2015 is still the goal.  See this home page for the EU Directive amendments.

For some pertinent developments last fall, including backlash from Edward Snowden’s NSA revelations,  see:

To learn about the inherent conflicts between: on the one hand, U.S. discovery rules/scope; and, ont the other hand, data-privacy laws promulgated by the EU Parliament as well as by various individual countries in the EU (e.g., France, Germany, Italy and the UK . . .  check out these resources:

And also these excellent compilations: