The discovery of electronically stored information (ESI) is loaded with potential pitfalls and failure unless the parties add two components to the mix: cooperation and collaboration. Lacking those components, ESI discovery, at least sometimes, can be one of the more painful experiences for the average trial lawyer. The problem to […]

In any document search allowing defendants’ custodians to conduct their own searches is much like allowing the fox to guard the henhouse. Even focused and disciplined custodial collections can be fraught with problems. Example Email sent during product development: “ Jim – I am writing to you because of the […]

An MDL (multidistrict litigation) was established for the prosecution of individual personal injury lawsuits against Biomet in the fall of 2012. The Judicial Panel on Multidistrict Litigation (JPML) heard attorney arguments on September 20, 2012, at a hearing in New York City. The plaintiffs requested consolidation of the pending lawsuits […]

Next in our Electronically Stored Information (ESI) series I had planned to discuss the collection, review and culling of ESI. I changed my mind after reading a few articles and recently decided cases that discussed some crazy myths and fables about ESI and e-discovery. Let’s talk about myths, legends and […]

We have now written about the general environment of e-discovery and some of the rules surrounding e-discovery and electronically stored information (ESI). Now, let’s talk a little about document/data location (search) and collection. First, know that collecting (search) document and data evidence has completely different perspectives depending on whether you […]