Legal Tech Blog

Archive for the ‘Collection’ Category

“5 Ways Attorneys Can Optimize Their Company’s E-Discovery Process,” Exterro, Inc.

Posted on: April 15th, 2015 by Angel Falconer

Good reminders for in-house counsel and outside litigators:

  1. Understand the Data Environment
  2. Document the E-Discovery Process
  3. Develop a Targeted Collection Strategy
  4. Utilize Technology to Support Proportionality Arguments
  5. Reduce E-Discovery Costs by Leveraging Privilege Non-Waiver Agreements

You can read the white paper from Exterro here.

[Revised] Proposed Amendments to the Federal Rules of Civil Procedure

Posted on: April 4th, 2014 by Angel Falconer and Josh Ross

Now that the public comments period has closed for the Proposed Amendments to the Federal Rules of Civil Procedure, we thought it was time to do a more in-depth follow up to our post about Judge Scheindlin’s criticism of the proposed changes.  Rather than reading all of the thousands of written submissions (you can do that here) we did a breakdown of all of the speakers’ comments at the public hearings before the advisory committee and reviewed the materials that will be considered at their next meeting here in Portland, OR next week.  Read more…

The Write Blocker: An Essential Tool in Any E-Discovery Arsenal

Posted on: October 25th, 2013 by Matthew Clover

The scenario seems simple enough: You receive a hard drive of data from your client that you need to bring into your e-discovery processing platform and/or review platform. All you need to do is plug that hard drive into a computer and start copying over the contents, right? Not so fast. Without the proper tools in place, you run the risk of modifying the data on the hard drive. An example of this would be an automatic scan from the antivirus software installed on the computer. Most antivirus programs are setup to automatically scan a hard drive that is plugged into the computer. This is good for security but can be problematic for data collection as these scans have the potential to modify the date accessed field.  Read more…

Using Computer Forensics to Investigate IP Theft – LTN

Posted on: May 17th, 2013 by Angel Falconer

This article was posted on Law Technology News yesterday.  Particularly for businesses that have never experienced IP theft by a departing employee, the article offers a good overview of what to expect in litigation and a checklist of first steps to take in preserving the most valuable (and vulnerable) evidence in these cases.  I would add that, in addition to working closely with a computer forensics expert, IT staff will usually provide critically important information about systems and proprietary software that the company may use.  Read more…

E-Discovery Sifting Through the Electronic Era

Posted on: May 6th, 2013 by Josh Ross and Angel Falconer

The following article originally appeared in the Spring 2013 issue of Trial Lawyer magazine, the quarterly journal of the Oregon Trial Lawyers Association.

Although electronic discovery has been a regular part of litigation for many years, dealing with the many facets of identifying, collecting, managing, storing, requesting and producing electronically stored information (ESI) remains a daunting task. Frankly, it can be a headache. Over the past decade, the increased focus on electronic discovery has created a morass of disputes, costs and stresses for litigators and their clients.  Adequately dealing with discovery of ESI requires a careful balance of competing interests: the need to fully investigate and uncover all potential evidence, and the desire to work efficiently and cost-effectively without bankrupting your client.

Despite volumes of articles, commentaries and blogs written on e-discovery – not to mention legal opinions – some lawyers choose to ignore it.  For example, we represented a plaintiff in an accounting malpractice case a few years ago. The defendant produced key memoranda that we suspected were modified prior to production in litigation. To find out, we served a supplemental request for those documents in native format, including metadata showing when the documents were created, revised and printed. The opposing counsel’s written response read, in part: The request “is unduly burdensome and vague. We do not know what it means, or what a response would look like.”  Read more…

When to Collect Client Email: Does it Really Pay to Delay?

Posted on: January 18th, 2013 by Josh Ross

In the last few years we have seen a dramatic increase in the volume of ESI produced in lawsuits.  That’s a well documented reality which, in many circumstances, can pose a barrier to dispute resolution for would-be litigants because of the excessive costs of locating, collecting, reviewing, and managing the incredible amounts of information produced in even simple cases. Read more…

Legal Disclaimer

The information contained in this blog does not constitute legal advice, and does not create an attorney-client relationship. We make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this blog.

About this blog

The goal of this blog is to provide a forum for discussing issues related to technology used in law firm and case management, and share information about CLEs, legal opinions, articles and products that may interest Oregon practitioners in the area of e-discovery.

About the author

  • Angel Falconer

  • Josh Ross
  • Angel Falconer is Stoll Berne's Litigation Support Manager. She supports attorneys and clients through the entire litigation process and has worked on cases involving the securities laws, complex commercial disputes, class actions, unfair competition and trade secrets. Angel has expertise directing large-scale discovery projects and helps manage Stoll Berne's in-house e-discovery systems. Angel supervises electronic evidentiary presentations in arbitration hearings and in state and federal trial courts.
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