Must see articles for the week of June 25;
Creating a Consistent eDiscovery Preservation Hold Process by Bill Piwonka. The content produced on Exterro’s blog (available here) is always well-conceived, practical and forward-looking. Piwonka’s recent article on legal hold best practices and practical advice is no exception. In an age where we are rapidly learning the importance of IG and how the eDiscovery process integrates into a larger strategy, a legal hold protocol is critical to cost-efficiency and process effectiveness.
Digital Privacy and eDiscovery in Government Investigations and Criminal Litigation by Louisa Marion and Justin P. Murphy. eDiscovery in criminal matters has lagged well behind civil litigation because of the nature of the relevant data and because standards established for civil litigation are not a good fit for criminal matters. However, as social media and the IoT (internet of things) evolves, it becomes much more important to the criminal discovery process. The Crowell & Mooring attorneys’ work is an in-depth look at the intersection of government investigations and actions, discovery and criminal proceedings.
Educating the Bar and the Bench to Manage Electronic Discovery by Giyoung Song and Tansy Woan. In almost every judges’ panel during LegalTech NY 2015, the attendees heard a common lament; attorneys before the bar are not eDiscovery experts and need to improve. For an audience devoted to eDiscovery and legal technology, it’s a confusing thought but, it highlights the slow integration of eDiscovery into broader practice. Song and Woan sketch out the high-level parameters of eDiscovery responsibility.
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