What Is Scope?

Defining the extent of discovery for an ediscovery matter Scope describes the extent of discovery that the parties — sometimes with the court’s intervention — agree to produce in a case. Scope is generally defined by Federal Rule of Civil Procedure 26(b)(1). It...

Top Five Takeaways from PREX 2018

Last week we held our seventh annual PREX conference, an inspiring three days that brings together the best and brightest in-house legal minds to collectively cultivate better ediscovery practices and outcomes.

What Is Bates Numbering?

Identifying specific pages in a production for quick and accurate reference What is Bates numbering? In a modest 30,000-page ediscovery production, in which 5,000 pages are tables, lawyers and courts need a way to refer to the exact table found on the eleventh page of...

Don’t Delay: Sanctions for Spoliation Denied as Untimely

Travelers Prop. Cas. Ins. Co. of Am. v. Mountaineer Gas Co., No. 2:15-cv-0959 (S.D.W. Va. Mar. 16, 2018). In this subrogation claim, the court denied both parties’ motions for sanctions as untimely where neither alleged spoliation until years after the fact. On June...

Despite late legal hold, no relevant evidence lost

World Trade Ctrs. Assoc., Inc. v. Port Auth. of N.Y. & N.J., No. 15 Civ. 7411 (LTS) (RWL) (S.D.N.Y. Apr. 2, 2018). In this trademark infringement case, the court denied sanctions despite the plaintiff’s negligent preservation of documents because the defendant...

What Is Forensically Sound Data Collection?

Defending collection processes in court Forensically sound data collection refers to the process by which data is collected for ediscovery without any changes to the data or its metadata. Collection itself is part of the second stage of the ediscovery process, in...

What Is Document Review?

Defining the document review phase of ediscovery What is document review? Also known as simply review, document review is the stage of the EDRM in which organizations examine documents connected to a litigation matter to determine if they are relevant, responsive, or...