eDiscovery and Litigation Support

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Who owns EDRM Information Management and the ESI Inventory?


The Electronic Discovery Reference Model (EDRM) (www.edrm.net) is the de facto industry standard methodology for guiding enterprise legal and IT organizations required to support managing, collecting, reviewing, and producing evidence from electronically stored information (ESI).  However, for EDRM Information Management (www.edrm.net/projects/imrm) , a cornerstone best practice and critical step in becoming more proactive in eDiscovery, is often missing and not well connected across legal and IT organizations to drive support for eDiscovery and Litigation readiness, especially, when compared to preservation, processing, reviewing, analysis, and production. 

3 Reasons Enterprise Search is not eDiscovery


Enterprise Search is an amazing technology that enables a single person to find the single document most relevant to their specific goal. When deployed properly it helps companies greatly improve the productivity and effectiveness of knowledge workers. I spent years in that market and saw this first hand.

Oklahoma Adds eDiscovery Rules on November 1st, 2010


New e-discovery rules signed into law this past April,bring Oklahoma procedures into alignment with existing federal practices. 

Managing SharePoint Content for eDiscovery and Information Governance


FRCP rules set eDiscovery requirements

Thinking Next Generation eDiscovery


Devising an Information Governance Strategy


The Trends:

ESI and Technology Issues When Performing Mergers and Acquisitions


Special thanks to Yoav Griver and Siddartha Rao for their contributions to this series.

ESI and technology issues relating to data storage and retrieval are often critical to litigation; there are many examples of high-stakes litigation that has turned on issues involving data management and e-discovery. See, e.g., United States v. Microsoft, 253 F.3d 34, 71–74 (D.C. Cir. 2001).


The Mergers and Acquisition Puzzle and the Importance of Data Due Diligence


One of the persistent puzzles surrounding mergers and acquisitions (“M&A”) activity is its propensity for failure. In fact, hundreds of studies suggest that fifty to eighty percent ofmergers and acquisitions are failures. Thus, while the goal of an M&A deal is that the whole is worth more than the party, the converse is frequently true. An important determinant of any M&A transaction’s post integration success is data due diligence. In today’s M&A environment, where transaction experience substantial scrutiny and technology plays a crucial role, data due diligence is tantamount.


Personal and Corporate Responsibility for Searching, Preserving and Producing Information


In March of this year, a court noted that a corporation’s failure to adopt appropriation information polices can results in potentially costly legal sanctions. While sanctions themselves may or may not be substantial, the legal fees leading up to the sanctions will likely to be weighty. See, Phillip M. Adams & Assoc. L.L.C. v. Dell, Inc., 2009 U.S. Dist. LEXIS 26964 (N.D. Utah. Mar. 27, 2009).

Shaken Proportionality & Enterprise Accountability, Not Stirred, Might Be the eDiscovery Martini


Trial lawyers of America, via the American College of Trial Lawyers, recognized that the trial system of America is too expensive and that resolving matters takes too much time.  Trial lawyers also recognize that expense exceeds the actual value in all but the most important matters.  Several organizations, including the ACTL and the Sedona, propagate to reformulate the litigator mindset from combative to cooperative.

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