The ESI eDiscovery Blog

Want to Pay Your Opponent’s Costs for Producing Your TIFF Images in Discovery?  Then Pay Attention.

Want to Pay Your Opponent’s Costs for Producing Your TIFF Images in Discovery? Then Pay Attention.

In federal court, we all know that Rule 54(d)(1) allows a prevailing party to recover costs.  That taxation of costs can happen after a single claim is prevailed upon, or at the end of a case.  And those costs can be […]
Forget Deposing the IT Guy for eDiscovery:  Talk to the People Who Create the ESI

Forget Deposing the IT Guy for eDiscovery: Talk to the People Who Create the ESI

I’ve probably conducted 15+ depositions of IT personnel for eDiscovery purposes, and I can tell you flat out that it is primarily a useless endeavor. WHY?  Because they don’t create the information, and you won’t get what you are looking […]
How to Deal with Social Media Posts in Legal Hold Notices

How to Deal with Social Media Posts in Legal Hold Notices

Social media is a key issue to be covered in legal hold notices, particularly where the case covers marketing of consumer products OR when there are individuals on either side. Traditional marketing is now by the way side, and consumer […]
FOCUS to Reduce eDiscovery Costs

FOCUS to Reduce eDiscovery Costs

If you want to get what you want in the discovery of ESI and control your costs, you need to FOCUS your discovery requests. Focus on what, you ask? On what you actually need for the litigation. Get out of […]
eDiscovery Nightmare:  Creeping Client Data

eDiscovery Nightmare: Creeping Client Data

One of the most overlooked issues in eDiscovery happens AFTER the case is over — law firms and clients are so relieved the case is finished that they forget the necessary cleanup of what I call client data creep. After […]
Five Ways to Cut Collection Costs

Five Ways to Cut Collection Costs

The costs of collecting data are a big component of the overall eDiscovery bill when you’re the producing party. It’s often a toss up — do you over collect to save time and money or conduct a targeted collection where you […]
eDiscovery Lessons from The Good Wife

eDiscovery Lessons from The Good Wife

After the Olympics, I’m looking forward to the return of new episodes of The Good Wife.  It’s a brilliant show, with characters that you truly love to hate, and a leading lady that is unflappable, no matter WHAT is thrown […]
Why You Need an ESI Order for your Case (think saving $$) and What to Include

Why You Need an ESI Order for your Case (think saving $$) and What to Include

One of the things I do regularly is help clients get appropriate ESI orders in place for a matter. What is an ESI order, you ask?  An ESI order is an agreement between the parties, and then signed off on […]
What Makes a BYOD Policy Successful?

What Makes a BYOD Policy Successful?

You can plan and strategize as much as you like. The hard truth, however, is that it takes more than that to make a BYOD policy work for your company. Much of what’s written about making BYOD work focuses on […]
BYOD Part 2: How to Build a BYOD Strategy

BYOD Part 2: How to Build a BYOD Strategy

In the  (Bring Your Own Device), we covered the introductory and perfunctory (at least they rhyme) must-knows about BYOD. Today, we’re moving on to the next question we’re often asked: How comprehensive a strategy do we need? We can tell […]