Must see articles for the week of March 31.
I am inaugurating a new Inside eDiscovery series entitled Inside Digests that will compile three insightful, well-written and thought-provoking articles/posts that highlight salient issues facing eDiscovery professionals today.
Three is a Crowd: Working eDiscovery Projects with In-house and Outside Counsel in the Triangle - By Damian Durrant. eDiscovery professionals are often forced into collaborative relationships that include service providers, clients, and multiple-levels of counsel. Despite what may be perceived to be a common goal, each component has unique sensitivities to workflow, strategy, liability and risk. In my experience, these complicated and nuanced dynamics require over-the-top agreement and communication and the organization “footing” the bill should be the de facto “boss.”
Avoiding Privacy Landmines in Cross-border eDiscovery – By Andrew Bartholomew at Exterro. Having worked extensivelywith cross-border litigations and investigations, I understand that the “knowns” are far outweighed by the “un-knowns.” Addressing international data privacy issues is challenging and requires expertise that may not sit within your organization and it may be challenging to find vendors who are well-positioned to provide competent support that protects your client.
District Court in Washington D.C. Exposes Illegal e-Discovery by Department of Justice– By Ralph Losey. Losey’s post (and the underlying opinion by Judge Facciola) is fascinating for two reasons; it is rare to have significant push-back against government discovery and secondly, the Fourth Amendment application to data is, more broadly, part of an on-going discussion in Information Governance about the value of data and how that perspective is changing the industry’s approach to process and technology.
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