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When handling e-discovery cases, we have to be careful, or we'll end up like the dog that caught the car – completely unable to handle what we receive. A large document production from an adversary can be expensive and difficult to review, so it’s...
When I was first getting started with e-discovery, I would worry a lot about what I called "proprietary file types." I was concerned that by asking for native files I would end up with a bunch of files with an extension I'd never seen before and...
Social media can be a goldmine of evidence for e-discovery practitioners. Is a party lying about key allegations? You might find proof. You can also learn a great deal about the relationships between the people in your case to help show bias. (I...
Every day, I hear from lawyers wanting to know what to do with the massive set of TIFF files they have received in response to their discovery requests. They can't search the TIFFs using the software they own, and they can't review them in a...
We're constantly hearing about metadata as it relates to eDiscovery, security, and ethics, but metadata remains a confusing topic for many, and there are many misconceptions about it. In this post, we'll provide some examples to help you better...
One of the reasons I decided to learn e-discovery was to save money. Early in my career as a lawyer, I developed a strong aversion to spending money on experts and litigation vendors. After spending $5,000 out of my own pocket in my first year of...
Other than witness testimony, nearly all the evidence worth discovering in litigation is electronic. More often than not, it’s emails, text messages, database records, digital images, metadata, and Microsoft Office files that tell us the truth about...
I was privileged to have the chance to interview one of my heroes, Craig Ball, a few months ago in a wide-ranging and very interesting talk. It was a lengthy discussion, so we’ve broken the interview into several parts. We cover eDiscovery best...
Lawyers who “do” e-discovery tend to use a lot of hard-core terminology that is bewildering to the uninitiated. That’s unfortunate. Given that e-discovery is discovery, the terminology we use should be user-friendly for all litigators, not just...
