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Intelligent e-Discovery Search Practices
As more documentation finds its way into an electronic format, companies must take into account the cost of producing and analyzing them in the discovery process. In particular, firms must address fundamental ways they conduct their pre-trial deliberations to remain in-step with recent judicial rulings and technological advances.
Ballooning sets of electronic files bring escalating costs as well as new priorities for managing them. There are two important metrics to keep in mind when factoring in the need for document analysis in your discovery review process:
1. More than 90% of all communications take place electronically (“Document (mis) Management,” Linda Kish, e-Discovery Law & Strategy, June 2005).
2. Up to 95% of all documents are likely not to be found relevant to the discovery request (“Let's Get Relevant,” Mike Kinnaman, e-Discovery Law & Strategy, June 2005).
With half or more of all legal funds in the U.S. spent on discovery costs, it's not hard to see why many law firms are re-evaluating their litigation management practices. They are concluding that:
- Document preservation is key to limiting one's potential exposure;
- Document analysis is not just some vogue way to package software, but a pragmatic response to growing e-discovery demands; and
- Without an alternative to the out-sourcing and reassembling of discovery documents, counsel must pay twice: 1) for document conversion, and 2) for a lengthy attorney review.
The View from the Court
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.