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e-Discovery Law & Strategy

Volume 3 - Number 4 | August 2006

August 2006 Issue in PDF Format


Managing Native File Production Requests
By Arthur Smith and Rhea Frederick
Parties are increasingly requesting — and courts ordering — production of electronic documents in the native file format during legal discovery. In fact, according to the American Bar Association’s 2005 corporate counsel survey, 30% of survey respondents reported that they have produced electronically stored information in native format.

First-Level Review: The Next Legal Service to Be Sent Offshore?
By Priya Keshav and Mike Dolan
Discovery costs continue to spiral upward because of the vast amount of electronic data created daily, and the need for robust technology to reduce document sets for review, coupled with high-quality/low-cost review, is acute.
But the greatest success for clients, as measured by cases won and costs saved, will be realized by combining robust technology with lower-cost, offshore legal workers.


Hearings and Depositions: Listen — and Ask the Right Questions
By Matthew Blake
Lawyers are trained to practice law, but they are also expected to listen — to their clients, to witnesses, to their opponents and to the court and regulatory agencies for instruction. That crucial listening skill should extend beyond what is said to things that are implied or left unspoken (would only that this advice were heeded in general!).
Those listening skills are especially critical when it comes to covering all the bases for electronic data as a component of discovery; the field is still so new for clients and courts alike that many people just don’t understand what is involved in an e-discovery request. Clients rarely pay attention to the specific wording of requests or the accompanying instructions, and rely on their legal counsel to tell them what they are being asked to produce. That means the burden of covering all those bases falls most heavily on the lawyers.


e-Discovery Docket Sheet
By Michele C.S. Lange and Melanie Bradshaw
Recent court rulings in e-discovery.

Computer Forensics Docket Sheet
By Michele C.S. Lange and Charity Delich
Recent court rulings in computer forensics.