Sedona Conference
November 27, 2012
By Doug Austin
Last year, The Sedona Conference® made a public comments version of the Cooperation Proclamation: Resources for the Judiciary available on the Sedona Conference website. The Resources for the Judiciary document aims to provide judges with a foundation for creating a collaborative and non-adversarial approach to managing eDiscovery. Now, its Judicial Resources guide has been updated and the free version is available on the Sedona Conference web site.
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October 26, 2012
By Doug Austin
I found this nice summary of Federal Rules of Civil Procedure and other sources that address proportionality and cooperation in eDiscovery from the Baker Hostetler blog, Discovery Advocate, written by Gil Keteltas entitled Advocating Proportionality? Start with the Rules! Here are the highlights.
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October 04, 2012
By Doug Austin
Take a closer look – that’s not the EDRM model you see above. It’s the new EDBP model.
EDBP stands for Electronic Discovery Best Practices and is the brainchild of Ralph Losey, whose e-Discovery Team® blog is one of the must-read blogs (and one of the most in-depth) in the industry. Ralph is also National e-Discovery Counsel with the law firm of Jackson Lewis, LLP, an Adjunct Professor at the University of Florida College of Law teaching eDiscovery and advanced eDiscovery and has also previously been a thought leader interviewee on this blog. Other than all that, he’s not very busy.
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June 20, 2012
By Doug Austin
In Taydon v. Greyhound Lines, Inc., District of Columbia Magistrate Judge John Facciola laid down the law to the parties in the case requiring cooperation on eDiscovery issues after “[t]he filing of forty-page discovery motions accompanied by thousands of pages of exhibits” and made it clear that the parties would be expected to “meet and confer in person in a genuine, good faith effort to plan the rest of discovery”.
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April 16, 2012
By Doug Austin
We’ve covered the Da Silva Moore case quite a bit over the past few weeks, but that’s not the only case where technology assisted review is currently being considered and debated. On February 21, in Kleen Products LLC v. Packaging Corporation of America, et al., the plaintiffs asked Magistrate Judge Nan Nolan to require the producing parties to employ a technology assisted review approach (referred to as "content-based advanced analytics," or CBAA) in their production of documents for discovery purposes.
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March 21, 2012
By Doug Austin
Eighteen months ago yesterday, eDiscovery Daily was launched. A lot has happened in the industry in eighteen months. We thought we might be crazy to commit to a daily blog each business day. We may be crazy indeed, but we still haven’t missed a business day yet. As we’ve done in the past, we like to take a look back every six months at some of the important stories and topics during that time. So, here are some posts over the last six months you may have missed. Enjoy!
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February 24, 2012
By Doug Austin
Today’s thought leader is Brian Schrader. Brian is Co-Founder and President of Business Intelligence Associates, Inc. (BIA). Brian is an expert and frequent writer and speaker on eDiscovery and computer forensics topics, particularly those addressing the collection, preservation and processing functions of the eDiscovery process.
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December 14, 2011
By Jason Krause
Today’s thought leader is Jason R. Baron. Jason has served as National Archives' Director of Litigation since 2000 and is Co-Chair of the Working Group on Electronic Document Retention and Production for the Sedona Conference. Jason is also one of the founding coordinators of the TREC Legal Track, a search project organized through the National Institute of Standards and Technology to evaluate search protocols used in eDiscovery. This year, Jason was awarded the Emmett Leahy Award for Outstanding Contributions and Accomplishments in the Records and Information Management Profession.
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September 27, 2011
By Jason Krause
Last month, The Sedona Conference® made a public comments version of the Cooperation Proclamation: Resources for the Judiciary available on the Sedona Conference website. The Sedona Conference Cooperation Proclamation has set a non-trivial goal- to teach the profession to collaborate during the discovery process instead of the traditional gladiatorial style of litigation. The Resources for the Judiciary document aims to provide judges with a foundation for creating a collaborative and non-adversarial approach to managing eDiscovery.
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September 15, 2011
By Doug Austin
One of the most influential organizations in eDiscovery is The Sedona Conference® (TSC), a Arizona-based non-profit, non-partisan law and policy think tank that has made numerous contributions to the industry since it was founded in 1997. Some of the most recent contributions have been documented in this blog, including a commentary on proportionality released last year and database principles released earlier this year. A couple of weeks ago, TSC announced significant changes to their management structure. Those changes are described here.
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August 12, 2011
By Doug Austin
A couple of days ago, Law Technology News (LTN) published an article entitled Lawyers Struggle to Get a Grasp on E-Discovery, by Gina Passarella, via The Legal Intelligencer. Noting that “[a]ttorneys have said e-discovery can eat up between 50 to 80 percent of a litigation budget”, the article had several good observations and quotes from various eDiscovery thought leaders. So, do you have a game plan for “getting” eDiscovery?
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August 11, 2011
By Jason Krause
As discussed yesterday, there is a nascent, but growing, movement pushing for industry standards in eDiscovery. That’s something many litigators may chafe at, thinking that standards and industry benchmarks impose checklists or management processes that tell them how to do their job. But industry standards, when implemented well, provide not only a common standard of care, but can help provide a point of comparison to help drive buying decisions.
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August 10, 2011
By Jason Krause
eDiscovery Daily recently ran a three part series analyzing eDiscovery cost budgeting. Cost has long been a driving force in eDiscovery decision-making, but it is just one dimension in choosing EDD services. Other industries have well-established standards for quality - think of the automotive or software industries, which have standard measures for defects or bugs. This year there has been a rising call for developing industry standards in eDiscovery to provide quality measures.
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April 15, 2011
By Doug Austin
Last month, The Sedona Conference® Working Group on Electronic Document Retention & Production (WG1) published the Public Comment Version of The Sedona Conference® Database Principles – Addressing the Preservation & Production of Databases &Database Information in Civil Litigation to provide guidance and recommendations to both requesting and producing parties to simplify discovery of databases and information derived from databases. You can download the publication here.
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