Must see articles for the week of November 10;
Federal Court Provides Broad Privilege While Protecting eDiscovery, Manual Review Combination by Zach Warren. I believe that privilege is one of the most important, yet least discussed aspects of eDiscovery and a critical component of that conversation is how to utilize FRE 502 as part of your eDiscovery strategy. Good v. American Water Works Co., Inc, No. 2:14-cv-01374, 2014 WL 5486827 (S.D.W. Va. Oct. 29, 2014) explores the use of 502(b) and 502(d) and how the development and availability of advanced analytics for review impacts the protection of privileged data during production.
5 Questions You Should Ask about Big Data Security and eDiscovery by Brian Meegan. In the era of the breach, law firms, clients and legal service providers must be prepared to ask/answer questions regarding how data is protected. Meegan gives us a great starting point for handling security issues and I would recommend that these questions be a part of a thorough “RFP” or vetting process for outside counsel and vendors.
Tips for Streamlining your Document Review by Dave Jensen. For the large number of you who are still tackling document review the old-fashioned way, this article reminds us of the foundation for a common-sense strategy. I have managed hundreds of document reviews using these my own version of these practical tips and when tailored to your specific client and context, they are immeasurably helpful. As an important final suggestion, Jensen implores that we always remain open to new technology.
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