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SEARCH A very interesting development set out in the default standard is in respect to search methodology. Specifically, the default standard holds that when a producing party uses search terms to find responsive information, it shall disclose such terms to the requesting party. This judicially mandated transparency with keywords presents an interesting question if the…
The default standard does not require that each party to a case designate an e-discovery liaison through which all e-discovery requests are to be made. However, identifying such an individual can certainly aid in providing a smooth e-discovery experience. The individual can be a third-party consultant, an employee of the party, or counsel. The key…
On Dec. 8, 2011, the U.S. District Court for the District of Delaware adopted a “Default Standard for Discovery, Including Discovery of Electronically Stored Information (ESI)”[FOOTNOTE 1] that was seven years in the making. The default standard replaces the old ad hoc mixture of the Federal Rules of Civil Procedure, case law, and local rules…
by Daniel B. Garrie Many in the blogosphere and e-discovery community thought Da Silva (Da Silva Moore v. Publicis Groupe & MSL Group. 11 Civ. 1279 (S.D.N.Y. Feb 24, 2012)) would lay the foundation upon which Kleen Products (link to most recently available transcripts) (Kleen Products LLC v. Packaging Corporation of America et al.,No. 10…
Part 3: Plus and Negatives Around Cloud Computing It is not a trivial task to migrate systems, data and users to a new system and especially one that exists in the cloud. However, companies that do so successfully achieve visibility into spending on cloud resources and manage the lifecycle for each instance, gain the ability…
Part 2: A Primer Cloud computing, which is relatively new, could lead to some novel problems concerning jurisdiction. Generally, in civil lawsuits, a company is charged with producing relevant documents that are under its “custody and control.” This typically means that a company is responsible for producing its documents without regard to where the documents…
