Tag Archives: ESI

Advocacy in E-Discovery More Important Than Ever

In this day and age, advocacy starts with competence in ESI issues. An effective advocate must be able to assess e-discovery needs and issues, implement appropriate preservation procedures, advise clients on options for storage and preservation, understand the client’s ESI systems and storage, and handle the management, review and production of ESI in litigation. But … Continue Reading

Day 3: Your First Five Questions (times four): A Practical Guide to the Amended Federal Rules of Civil Procedure – Preservation

The current amended Federal Rules of Civil Procedure—and, in particular, those that address the practice of civil discovery—are the product of five years of development, debate, and, of course, dialogue. Now that the Rules are set to be implemented on December 1, 2015 – and they apply to pending cases where “just and practicable” — … Continue Reading

Karin Scholz Jenson Discusses E-Discovery in Q&A for Recommind Blog Article

Partner Karin Scholz Jenson, national leader of BakerHostetler’s E-Discovery Advocacy and Management team, participated in a question-and-answer session with Senior Discovery Counsel for Recommind, Inc., Philip Favro. Jenson’s responses appeared in a March 17, 2015, blog post on Recommind.com and addressed topics including predictive coding, FRCP amendments, the effects of mobile devices on ESI preservation … Continue Reading

Nothing Goes Better with Race Tires than . . . Wine?! – Fourth Circuit Limits Taxable eDiscovery Costs

As we’ve discussed multiple times (see here, here, and here), the issue of what types of ediscovery costs are taxable under 28 U.S.C. § 1920 was first addressed by a federal appellate court last spring in Race Tires America, Inc. v. Hoosier Racing Tire Corp.  The Third Circuit – in line with the Supreme Court’s … Continue Reading

A plea to LegalTech vendors and panelists talking technology-assisted review!

LegalTech New York is right around the corner.  And, much like the recent Georgetown Advanced Ediscovery Institute, there will be no shortage of discussion about predictive coding/technology-assisted review (“TAR”).  The agenda includes fourteen program descriptions that directly reference TAR and another eight that clearly suggest TAR will be a major topic.  As a user, student … Continue Reading

Is Social Media Discoverable? Stick to the Basics (Part III – Other Limitations on Discovery)

In addressing the discoverability of social media, we typically analyze three questions:  Is social media relevant to the claims or defenses at issue in your litigation?  If so, is it within your possession, custody, or control?  And, finally, is there anything else that may preclude or limit discovery of social media content? In two previous … Continue Reading

Advocating Proportionality? Start with the Rules!

You are preparing to advocate a proportional approach to discovery in your case, including informed limits on the information that will be preserved, collected, reviewed and produced.  But your opponent and the court are new to e-discovery in major litigation, and your opponent has resisted a meaningful early discussion of the myriad issues “that deserve … Continue Reading
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