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January 05, 2008

Your Opinion Please

21107393 As part of my planning process for LTN and upcoming webinars, I've got a question for you: What EDD topics do you think will be the most critical during 2008?

My list includes, for starters:
• Global cross-border disputes (language/privacy etc)
• Standardization & forms of production" -- e.g., "native" review, .tiff, etc.
• The marketplace (Socha/Gelbmann and other surveys)
• Search tools -- the evolution of tools to actually find information within the volume of data
• Costs -- containing costs; impact on litigants when costs, rather than justice, affect decisionmaking.
• Managing EDD -- who "owns" EDD, role of paralegals/lit support, etc.
• Educating lawyers
• Case law - key verdicts and court trends

What am I missing?

Post a comment and lemme know! Everybody's welcome to dive in.


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Your list prudently puts the most pivotal concern on the top, I trust you include discovery related to European Countries(strict Data Privacy Laws)

Will it be right to discuss about Privilege Review and the thin line which not to cross to waive it.

I'll feel free to get back with anything more.


I'd add educating the judiciary, greater ownership of the EDD process by corporate clients and the continuing development of data standards (not standardisation).

And a happy New Year to all!


Search tools - would be helpful to know how others are addressing this - and finding responsive data without spending a fortune.

The continued divergence in the marketplace between old-school processing/decision making (defendant with few if any prior EDD productions giving most of the authority to outside counsel who processes and how to process which is usually collection, de-dup, keyword filtering, metadata extraction for review) versus new-school pro-active data management/decision making (defendant with much EDD experience pro-actively managing e-data and applying advanced analytics to cull data leaving only the review process decision up to outside counsel). Basically, this year we should see corporate IT tasked even more with pre-litigation data management and vendor selection, particularly in companies that are repeatedly targets of litigation.


One topic that will gain attention in 2008 is whether we will see any pricing paradigm shifts away from the current and traditional "per GB" model.

A second will be the extent to which law firms and corporate law departments have closed the knowledge gap on EDD and related services versus service providers. I believe this knowledge gap and the fear that has come with it have led to the exorbitant prices and inefficiencies within the market.

Finally, I think their is a growing trend towards the use of "smart tools" that will materially reduce the amount of data that is actually processed. The vendors and law firms that are able to help their clients more efficiently reduce the amount of relevant data that needs to be processed will gain certain advantages. Organizations thta don't embrace the new tools may be left behind.

At Clearwell, a big theme we're seeing with our customers is a radical shift in the way enterprises and their ediscovery partners communicate and work together. As enterprises bring more sophisticated ediscovery applications in-house, there's a growing need/desire for improved integration between in-house systems and those of lit service providers to streamline the ediscovery process and make it more iterative and collaborative -- hence our excitment about (and investment in) the EDRM XML effort.

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