January 2013 Electronic data comprises a large portion of discovery and provides efficiencies in searching and manipulating the data for further analysis. Establishing a protocol for retention of electronic information and e-discovery of electronically stored information (ESI) is a critical step toward ensuring that relevant data is preserved and ultimately produced. It is important that [...]
August 2009 On June 29, 2009, Governor Schwarzenegger signed into law "The Electronic Discovery Act" (California Assembly Bill AB 5). The law took immediate effect as an urgent measure, "in order to eliminate uncertainty and confusion regarding the discovery of electronically stored information" (ESI). Approximately half of the states now have separate statutes that specifically [...]
April 2008 Why Electronic Discovery is Expensive Actually, discovery using electronic tools is not expensive at all. The high cost of electronic discovery is instead caused by having to review a large volume of electronic records (largely email) that businesses are creating and keeping. The ever-declining cost of electronic storage is the culprit. Currently, a [...]
October 2007 An extraordinary amount of time is incurred in discovery asking for records that may not even exist, or asking for records that do exist, but the other side declines to produce records that were not requested using just the right terms. Once the records are identified, wasteful paper-based productions occur because the requesting [...]
October 2007 The majority of commentators regarding electronic discovery bemoan the high cost of dealing with all the electronic records. This usually misses the point. On a page-for-page basis, electronic records management and related electronic discovery costs a small fraction of what the same effort would be in paper. Why is this such a problem? [...]
February 2007 The form in which you receive electronically stored information can make or break a case. The new FRCP rules provide for document production in various forms. Selecting the proper form in your situation can save costs, and/or provide additional information. There are four primary forms of production: Native Semi-native Paper Semi-paper As described [...]