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…)

Accelerating Efficient eDiscovery Through Operational Awareness – Two Key Questions

Consequences Just Ahead Green Road Sign with Dramatic Storm Clouds and Sky.Having an efficient and proportional strategy has always been critical to keeping cases on track against budget and deadlines. COVID-19 has had an unprecedented disruptive impact on many cases and schedules. Better and more efficient eDiscovery management will be key to ensuring that cases can get back on a reasonable schedule, and that the costs and effort are proportionate. Knowing the cost and timing implications of every eDiscovery decision will be critical to managing through the crisis.

Operational awareness empowers great eDiscovery decision-making. Each eDiscovery decision has cost and time ramifications. As decisions are made, they have distinct downstream consequences. This is similar to constructing a house. Once the foundation is set, it is very costly and time consuming to change the footprint of the structure. EDiscovery is no different. Every decision has downstream consequences. For eDiscovery management and operations, each decision has both an immediate time and cost impact, as well as implications for the overall project cost and completion. Because this affects proportionality and the ability to execute, both must be understood and managed cohesively and strategically. (more…)

Budget Cuts? Re-evaluating eDiscovery Strategy to Maximize Cost Savings

What's Next, business motivational inspirational quotes, words typography top view lettering concept

The coronavirus means significant new litigation realities. It is not too early to start preparing for litigation on the other side of the pandemic. This series of short blogs will provide practical solutions for managing your eDiscovery strategy and getting large case litigation back on track.

Several major themes have developed in the wake of the crisis. Courts have suspended deadlines or made other changes extending litigation schedules. Many case schedules are now uncertain, including some that are paused. Companies are looking to cut costs anywhere and litigation budgets will be prime targets. Litigation departments will be forced to do more with less, necessitating a re-evaluation of virtually everything that has a price tag.

In eDiscovery, not all cases are created “technologically equal.” For smaller matters that have simple standard data footprints, a smart technology “fit” should be a key goal. If your case requires a straightforward search and production, the technology solution must be simple, easy to budget, and put the trial lawyers as close to the data as possible. Recently, Baker Donelson prepared a case study on this issue with one of its trusted partners for these types of matters.  We will be making that available shortly. (more…)

Calling All Professionals to Passionate eDiscovery – Part Two

As a lawyer, I attend many, many conferences. On my last conference road trip, I was grabbing dinner at the end of the evening and catching up on my basketball news at the hotel restaurant. As I was wrapping up, a few guys came in and we struck up a conversation. Like me, they were in town for the Sixth Circuit Judiciary Conference and we had a conversation which I might characterize as standard conference stuff.

Everything was perfectly “conference standard” until they heard I was going to present on eDiscovery the next morning. All of them had the same reaction: “We hate eDiscovery.” (Thanks, guys. You really know how it pumps me up when I realize everyone in the audience “hates” my topic.)

Of course their comments didn’t come as a complete surprise. This isn’t the first time I’ve spoken to a roomful of attorneys who would rather talk about anything but eDiscovery. As a trial lawyer, I am still surprised when seasoned attorneys, who excel at mastering every detail of complex litigation, view eDiscovery as a nuisance. (more…)

EDiscovery, Lean Manufacturing and Nashville Hot Chicken – Part One

I spend a lot of time in Music City. On a recent trip I stopped by Hattie B’s to try their famous Nashville hot chicken. I placed my order with a guy while he simultaneously jammed to a rock anthem. After hearing my Western Pennsylvania accent, he warned me off of the hottest flavor – “Shut the Cluck Up”. The food came out fast, really hot, and delicious.

The key to great eDiscovery is the same as great Nashville hot chicken: repeatable excellence. Anybody can make a good dinner once. Restaurants like Hattie B’s become local legends by knowing how to deliver a great meal every time.  (more…)

The Elements of What eDiscovery Should Be

So what are we suggesting?

We have covered a lot of ground over the past five LeanDiscoveryTM blogs (and our one guest blog). Let’s pause to consider how the concepts we’ve discussed enable us to address what our collective expectations for eDiscovery should be. If you are new to this conversation, this will summarize where we have been so far.

Our core mission as an eDiscovery team is simple: to enable better client outcomes. That is our singular goal for effective eDiscovery and should be what our clients expect. To enable better client outcomes, we rely on three interrelated principles: strong foundation, (process and project management); coordinated teamwork (experience and concentration); and clear value (getting beyond compliance). (more…)