Special Announcement: Understanding the Business of eDiscovery


We are excited to announce a new video interview series: Sitting with the C-Suite. In each segment, I will be talking with a chief executive officer of an eDiscovery company. We will explore how each is addressing the COVID-19 crisis, what clients are doing to manage through the crisis, and generally covering the past, present and future. Naturally, as we are dealing with the pandemic, we will be doing this via remote interviews to comply with any applicable social distancing mandates. 

The pandemic means companies are doing more with less and dealing with case delays and tightening budgets. Now more than ever, it is critical to understand the eDiscovery industry generally (and your partners specifically). This video interview series will help anyone start to explore the eDiscovery industry from the perspective of its top leadership. (more…)

Grilled Cheese and ESI Productions

Grilled cheese sandwich in a skilletOne of the last trips that my wife and I made prior to the social distancing guidelines was to Franklin, Tennessee. We had lunch at The Grilled Cheeserie, a restaurant devoted to gourmet grilled cheese melts. The components and options for a grilled cheese—bread, cheese and add-ons—are not complex. Depending on your preferences, mood and dietary restrictions, execution will be the difference between an adequate and excellent experience. (Our experience was excellent!) A production protocol is very similar. The component parts are simple, but how you put them together in a matter makes a big difference.

Document productions are a culmination of the various steps taken to that point throughout your eDiscovery processes. This is a key point in any lawsuit. For the larger matters, with a significant volume of ESI, the keys to a document production are stability and a good overall fit in how you match the ESI Stipulation to the actual matter requirements. (more…)

How We Found a Powerfully Simple Solution to Routine eDiscovery Matters

While the focus of our blog recently has been to identify immediate large matter cost reductions in response to the “new normal” brought on by COVID-19, we wanted to take a quick detour and address an important topic. Specifically, we do not want any reader to think that we focus only on the large data matters, or that we are not in touch with the more standard cases that practitioners must manage. In fact, the vast majority of all discovery matters are fairly routine in terms of their size and complexity.

Managing eDiscovery, then, is not a one-size-fits-all proposal. However, the goal is always the same: get to the merits through a final, defensible production. How you accomplish that goal varies depending on many factors. The average eDiscovery case has minimalistic support needs.  While substantial immediate cost savings are best found in cases with more expansive eDiscovery needs, the long-term opportunity for cost savings and efficiencies can also come from incremental cost reduction on the “everyday” cases. (more…)

Spoiler Alert. Starting at the End.

Early in my career, I worked on an arbitration that challenged the effectiveness of a claims administration company.  I sent our client’s expert witness five audits of the company, a fact I noted in the cover letter.  Unbeknownst to me, there were six audits—and the last one was not favorable for our positions.  While this error was later corrected, my “five audits” expert letter was a very popular exhibit for the opposing counsel.  This was my tangible object lesson to avoid the process getting tangled up with the merits.

The eDiscovery process is designed to uncover the relevant case facts.  Everything progresses toward this presentation of the material factual disputes to a factfinder.  Because this is eDiscovery’s ultimate purpose, we are going to start our discussion of eDiscovery phases at the culmination of the process: the presentation of the evidence. (more…)

Buzzword Mania: Taking Your eDiscovery Strategy to the Next Level

Success in eDiscovery is determined largely by the ability to synergize “people, process and technology.” Okay, we hear your collective groan. The phrase is trite, tired and overused, which is what it is. Since it works so well for eDiscovery, however, this blog will lean in on buzzwords. Many of the “26 Annoying Phrases You Should Stop Using at Work” are included—with a few additional ones thrown in for good measure. Can you find them all? Happy searching!

The COVID-19-related changes are innumerable, as courts have been out of pocket for many weeks and litigation budget cuts are par for the course. The global pandemic will require a clear paradigm shift, requiring many teams to think outside the box on the go-forward eDiscovery case strategy and, ultimately, do more with less. (more…)