EDD Update

Planet Data Webinar on FRE 502

U.S. District Court Judge Michael Baylson will be the featured speaker on a Planet Data webinar on Tuesday June 16, at 2 p.m. EST. The program is free, and CLE will be available to attendees. Other speakers will include David Kessler (a partner at Drinker Biddle and Reath)  and James Stricker (a parnter at Kasowitz Benson Torres and Friedman). Planet Data's CEO Howard Reissner will moderate.

Press release here.  A white paper on RE 502 here.

White Paper: How to Properly Redact Documents

Arizona-based Informative Graphics Corp. has released a white paper, “Electronic Redaction: How to Properly Redact Documents.” It is designed to help counsel secure personally-identifiable information through electronic redaction, says the company.

The white paper recommends that organizations implement new security technologies incrementally, selecting a redaction expert, formulating a redaction protocol, and writing a formal redaction policy. Full release here.

In-House EDD with Pay-per-Use

In the latest issue of Guidance Software Inc.'s Real eDiscovery, a feature article highlights how companies are saving money with in-house EDD technology by not having to make an upfront investment. Full release here.

5 Mistakes to Avoid with EDD RFPs

Merrill Corporation has released a white paper: Choosing the Right E-Discovery Provider: Five Mistakes to Avoid in the RFP Process.

Some of the most common mistakes, according to the paper, include:

• failure to accurately define the scope of the project
• misunderstanding the provider's capabilities and technologies 
• over-focusing on price  

  The full report can be downloaded here.

Orange Paper: Traditional v. Advanced EDD

Orange Legal Technologies has released an "orange paper" that compares the time, risk, and cost of traditional and advanced approaches to e-discovery. it looks at the core tasks of analytics, processing, and review. Full release here.

Socha White Paper: Bringing EDD in-house: risks and rewards

Here is a link to a white paper I prepared on the topic of bringing electronic discovery in-house:  http://www.sochaconsulting.com/files/Bringing_ediscovery_in-house.pdf

The paper was sponsored by ZyLAB.

Table of Contents:

Losey Article on Zubulake

Ralph Losey's article, "The Zubulake Duty Challenge and the e-Discovery Team Solution, is available on Wave Software's website . But caveat emptor -- if you click on the link it automatically downloads the PDF to your computer.

BTW, on the same site you can learn about Trident 5.2.0 which is now available from Wave.

Index Engines on Tape Data Extraction Trends

Index Engines has published a trends report finding that many enterprise customers are moving the ability to process and extract tape data in-house. The company has identified ten reasons as to why, including:

• Litigation-ready infrastructure is more cost-effective.
• Managing the process in-house avoids fire drills.
• Restricting third party access protects sensitive data.

The full report can be read here.

Kaplan/Fios White Paper re: GCs

Ari Kaplan Advisors, in conjunction with underwriter Fios Inc. has issue a white paper  with the results of Kaplan's research conducted with 28 professionals at corporate law departments at Fortune 500 corporations.

Kaplan, who has written for Law Technology News (see "The Damaged Heart," Technology on Trial, October 2006) interviewed 26 associate general counsel and senior counsel. Among his findings:

* 39% of respondents say their GC has little or no involvement in management of EDD.
* 89% of respondents say their legal dept has an EDD response team in place.

EED Inc. Whitepaper on Picking an E-Discovery Vendor

EED Inc. is offering a Sedona Conference whitepaper, titled "Best Practices for the Selection of Electronic Discovery Vendors: Navigating the Vendor Proposal Process."  Go here to get it. 

Quick Trip to MSP

Special thanks to the gang at Kroll Ontrack and at Merrill, for taking time from their very busy schedules to meet with us this week in the Twin Cities. Our conversations were terrific, and nuanced. We talked about everything from how customer service will be a differentiator as the vendor wars escalate, to  how everybody's trying to position themselves to provide effective counseling to their clients who are struggling to grapple with e-discovery.

Kudos to Craig Levinsohn , Allison Guidette and Daniel Pelc at Merrill, and  Michele Lange and her team (including Christian Betancourt and Kaitlin Creager) for all their insights. We also had a chance to touch bases with Benjamin Green, operations manager of ComputerForensic Services. And we always enjoy a chance to feast at the St. Paul Grille with the Thomson West gang (Gretchen DeSutter, John Shaughnessy, Jeff Patrias, and Melissa Deml). (We'll be returning to Mpls in early June for a more extended visit to Eagan).

On the EDD front, both Kroll and Merrill "get" that the profession is in desperate need of education on the complex challenges they face. Toward that goal, among the many materials both vendors have been producing are white papers, surveys, podcasts and webinars.

Here are some samples:

From Merrill:
* Total Evidence Management: A winning Approach to Complex Litigation.
* Authenticating Digital Evidence: Identify and Avoid the Weak Links in Your Chain of Custody.

From Kroll:
* Electronic Discovery Filtering: Early Processing Metrics Technology: Download kroll_ontrack_early_processing_metrics.doc

* ESI Trends Report  Download 2008_esi_trends_report.pdf (Also, see next post).

White Paper: MetaLincs - Gartner Report

Is Your MetaData an Organizational Risk is a Gartner tutorial offered by MetaLincs.

White Paper: Merrill - 7 Ways to Test Your Vendor

Merrill has released a white paper: Seven Ways to Test Your EDD Vendor.  

Quest White Paper on Exchange E-Discovery

Quest Software Inc. has released a new white paper, "Best Practices for Exchange E-Discovery," which addresses the challenges of retaining and producing e-mail evidence.  Go here to download.

Attenex: Striking a Balance to Control Costs

Attenex has released a white paper on how to control costs by combining in-house resources and outsourced exports. 

Merrill: Chain of Custody White Paper

Merrill Corp. has released a new white paper on Chain of Custody for EDD.

Lumen Legal white paper

A new white paper from Lumen Legal titled “Document Review Cost Containment: Outsourcing Options Evolve to ‘Best Shore’” is available online. The paper explores how non-traditional sources for discovery tasks during large-scale litigation can reduce costs.

MessageOne on E-mail Archiving

MessageOne has released a white paper and accompanying podcast about common myths and misconceptions regarding e-mail archiving.

Forensics & Compliance Systems White Paper

Forensics and Compliance Systems has released a report entitled "Email and Litigation" that's available online regarding problems facing email compliance at organizations around the globe. The report, authored by eDiscovery expert Stephen Mason, offers real-world examples from court cases of good and bad email archiving and compliance practices.

InterLegis Inc. Releases White Paper on Visual Analytics

InterLegis Inc. has released a white paper by President Kevin Carr. "Visual Analytics" discusses a visual search approach as the  next phase of electronic discovery technology. More information is available here.

Fios White Paper: Managing EDD Review

The latest edition of Fios' The Electronic Discovery Counselor e-newsletter includes an article by Peter McLaughlin, on "Best Practices for Managing e-Discovery Review," and a discussion of California Rules -- good cause -- accessibility, by Mary Mack.

Attenex White Paper re: Cost Issues

Attenex is offering a whitepaper, "Paradigm Shift: Corporations Battle the E-Discovery Cost Crisis with Per Document Pricing," here.

CIO Conference - Early Bird Discount

Long-time LTN board member Judith Flournoy, CIO of LA's Loeb & Loeb, and David Rigali, CIO of St. Louis' Husch & Eppenberger, are co-chairs of the 2008 Law Firm Chief Information & Technology Officers Forum, which will be held Feb. 6-7, as part of LegalTech New York.

This fourth annual event will include panels on "unified communications," managing e-mail, alternatives to document management systems; data center management; performance management; "matter" oriented computing; and more.

Yours truly will moderate "It's Not Easy Being Green ... Or Is It?" on Feb. 6, at 4 p.m., with Alvidas Jasin, of Thomson Hine; Anthony Hoke of Morrison & Foerster; and Bruce Lymburn of Wendel, Rosen, Black & Dean.

All attendees get a free VIP all-access pass to LTNY.

Here's the brochure: Download CIO08_brochure_FINAL1127.pdf

And click here to learn about a limited-time, early bird discount offer.

Interlegis publishes white paper

InterLegis Inc., a web-based digital document management services firm, has released its latest white paper, "Using 'Document Personalities' to Speed Electronic Discovery Review," by Kevin Carr, president. Download the article here.

Symantec White Papers

Symantec Corp. offers a range of EDD white papers, case studies, and webinars, including "Leveraging Technology to Enable Automatic Holds," and "CIO Guide to the new FRCP," here.

Merrill Guidebook

Merrill is offering a guidebook, "Get Prepared Now for New E-Discovery Rules." 411 here. 

White Paper: Potentially Privileged Searches

Bobby Malholtra, senior project manager, professional services group, at Encore Legal Solutions, offers this whitepaper, "A Lawyer's Guide to Electronic Discovery — Potentially Privileged Searches.

"EDD for Dummies" Book (RenewData)

RenewData is offering a free book, "Electronic Discovery for Dummies," here.

Getting Started with E-Discovery (Attenex/Kahn)

Attenex is offering a white paper from Kahn Consulting, "Getting Started with E-Discovery." Info here.

Arkfeld ESI white paper available from Merrill

Merrill Corp. is offering a white paper from Mike Arkfeld (one of our EDD Update authors) on ESI. (He also recently did a webinar with Merrill's Neil Aresty -- check the links on the right nav bar). Here's the link to get the download, which covers the scope of ESI requirements in the FRCP revisions, the consequences of failing to produce ESI, and discusses Merrill's products.

Update: Merrill is also offering a webinar.

White Paper From Index Engines

Index Engines has released a white paper that addresses new technology for reviewing backup tapes. To access the document, click here.

Encore Legal: Keyword Culling

Here is a white paper from Bobby Malhotra, of Encore Legal Solutions:  "Keyword Culling: A Best Practice Approach."

Catalyst: Foreign Language Translation

John Tredennick, CEO of Catalyst Repository Systems Inc., offers this white paper, "Dealing with Foreign Language Documents in Litigation and Other Legal Matters."

You can download it here.