Corporations Moving into the eDiscovery Driver's Seat by Matt Mohwinkel and Joy Holley. Mohwinkel and Holley explore a dynamic in the eDiscovery space that will be familiar to those of us who have managed processes and relationships amongst outside counsel, clients and vendors. As the quest for efficiencies has become paramount, clients are often adopting hybrid eDiscovery roles (greater involvement, dictating vendor selection, etc.) as all members of the eDiscovery team seek to maximize expertise and strategic management of the process.
The Challenge of Safeguarding Todays Attorney-Client Privilege by Philip Favro. Reviewing and asserting privilege during the eDiscovery process has always been complicated and, in my opinion, underestimated in terms of substantive/process complexity, time and cost. Favro addresses the impact of new technology, IG principles and emerging FRE best practices.
eDiscovery Best Practices for your Practice, Step 5: Productions by Kate Mortensen. Mortensen continues guiding us through Losey’s EDBP outlining issues related to production. Pulling together relevant rules, industry standards and the EDBP, a critical point of her article is that the eDiscovery process is holistic and component parts dramatically affect each other. The success of preceding stages, along with accompanying production best practices will assure results that meet strategic and negotiated expectations.