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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…
Almost three years ago, I posited that communication is a key aspect in resolving e-discovery issues. Back in 2009, the economy was in the doldrums and the broader legal community was starting to grapple with e-discovery. In the intervening three years, technology and the economy have been steadily moving ahead and with it the Court’s…
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…
