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…)

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…)

Where Do I Start? Finding the Right Case for eDiscovery Cost Reduction

80 20 text written on a paper.

Not all eDiscovery cases are created equal. The path to a more cost-effective eDiscovery management strategy starts by identifying the individual matters that need increased focus. This blog post is devoted to identifying the cases where an eDiscovery strategy can make the most meaningful difference.

In the last blog, we covered current pandemic-driven realities – namely, disrupted case schedules and new budgetary pressures. The economic uncertainties mean eDiscovery budgets should be examined for additional savings, while meeting litigation priorities and obligations.

Ediscovery costs can affect all investigation and litigation matters involving data. But, the larger and more significant matters have unique characteristics that make them likely candidates for cost-saving measures. These matters usually involve some mix of significant monetary or business impact claims; large data sets, many affected employees, and/or difficult searching criteria; and expansive production requests covering many topics. (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…)