George Socha and Tom Gelbmann, two names well known in the e-discovery field for their annual Socha-Gelbmann Electronic Discovery Survey and for their roles in developing the Electronic Discovery Reference Model, have launched Apersee, a website that aims to become the premier system for helping litigation professionals choose e-discovery providers and products. The site features the Selection [...]
TAG | e-discovery
E-discovery in cases under the Foreign Corrupt Practices Act can raise many hurdles. Documents are likely to be in multiple languages. The quantity of data is likely to be huge. And the data is apt to be housed with multiple custodians in any number of global locations and in any variety of formats.
Along with Jim Eidelman and Chris Toomey of Catalyst Consulting, I have just helped write a white paper on this topic for Catalyst Repository Systems. The white paper, Navigating ESI Challenges in an FCPA Investigation, offers guidance on how to address these and other issues.
Find the link to download the white paper on the Catalyst for FCPA Practices page.
Today at 1 p.m. Eastern time, I will participate in a webcast on e-discovery trends for 2010. The webcast is sponsored by Fios and hosted by Mary Mack, corporate technology counsel for Fios and author of the blog Sound Evidence. While e-discovery will be the focus of the webinar, Mary and I plan to talk about a range of topics related to trends in legal technology and the legal profession.
Thanks to the shameless plugging of Frank Gonnello Jr., I learned about the e-discovery blog e-Lessons Learned. The blog is overseen by Fernando M. Pinguelo, a New Jersey attorney and Seton Hall law professor, and written using contributions from law students from all over the country.
The blog takes a clever approach to the topic. Each post discusses an e-discovery case that involves an e-discovery mishap, generally by a company employee. It discusses the conduct that constituted the mishap and then offers its “e-lesson” — a suggestion on how to learn from the mistake and avoid it happening to you.
First, I wrote in the article that DiscoveryResources.org “may be the leading e-discovery portal” and that its Sound Evidence blog, written by e-discovery expert Mary Mack, is “one of the best known e-discovery blogs.” Tomorrow, the site will be relaunched with a number of updates and improvements. According to Mack, changes to the site will include:
- New navigation for tracking e-discovery best practices and case law.
- New “From the Experts” articles on current e-discovery issues and trends.
- A new “Bookstore” featuring the latest books on e-discovery issues.
- RSS feeds for tracking the latest news and information.
- Updated links to industry resources and judicial opinions.
- A newly designed monthly newsletter.
- Links to industry blogs and other e-discovery community resources.
Meanwhile, one of the blogs I discussed in the article, Information Governance Engagement Area, has been discontinued in favor of a more ambitious project. Its author, Rob Robinson, a marketing veteran who has worked with several e-discovery companies, has just launched Complex Discovery, which he describes as a source for “information, tools and tactics relevant to the growing discovery market.” The site is organized around key e-discovery stages, including collection, processing, review and production, and already has a number of useful resources. In addition to the “standard” articles, news items, guidelines and the like, Robinson has incorporated several innovative features:
- Scribd – iPaper Document Library: An online repository of interesting and applicable papers relevant to the field of e-discovery.
- Yahoo! Pipes EDD Mashup: An aggregation of key e-discovery RSS feeds.
- Twitter – ComplexDiscovery Updates: A Twitter feed that highlights the daily posting on the ComplexDiscovery RSS feed.
- Mogulus – Video Learning on EDD: A video channel designed to share publicly available video presentations relating to e-discovery.
- Mofuse – Website Mobile Version: A mobile version of the ComplexDiscovery site designed mobile devices.
Robinson invites suggestions of relevant RSS feeds to add to his Yahoo! Pipes aggregator.
[The following column originally appeared in print in October 2007. I am republishing it as part of my continuing effort to maintain an archive of my published columns. Important note: I have not updated this since its original publication. While most of the sites remain as described, some may have changed. All information was current as of the date of original publication.]
Second of two parts. (Part one.)
As I wrote last month in the first half of this two-part column, no lawyer today can afford to ignore e-discovery. No matter the case, digital data is likely to be implicated. That means lawyers urgently need to understand e-discovery and keep abreast of developments in the field.
In last month’s column, I looked at some of the more useful Web sites for learning about and keeping current with this essential area of practice. This month, I survey blogs about e-discovery and look at some vendors’ sites that include useful resources.
As I write this column, at least two e-discovery blogs have launched within the last two weeks, attesting to the significance of this field. Of the 19 blogs surveyed here, some focus on e-discovery law and practice and others on the e-discovery industry, but all are potentially useful for keeping current with the field.
- Alextronic Discovery. Alexander H. Lubarsky, the California litigator who writes this blog, admits to a bit of writer’s block lately, but vows to pick up the pace of his postings. If he does, his blog is worth following.
- Dennis Kennedy. Lawyer and consultant Kennedy writes about a range of legal-technology topics and frequently covers e-discovery.
- EDD Blog Online. Written by Jeff Fehrman, president of Electronic Evidence Labs, a division of e-discovery vendor ONSITE3, and consultant Bob Krantz, this blog promises an “insider’s look” at e-discovery. Many of the posts are excerpts of articles from other sources.
- EDD Update. Unveiled in September as a joint project of Law Technology News and Law.com Legal Technology, this blog is a venue for posting breaking news, key verdicts and judicial rulings, articles, press releases and more. It features a board of contributors that includes leading lawyers and consultants in the field – and also me.
- E-Discovery and Computer Forensic Blog. The blog of a Los Angeles e-discovery company, many posts are full-text articles from other sources.
- E-Discovery in the Trenches. When he launched this blog in April 2007, Jerry Bui, an e-discovery manager with KPMG, dedicated it to those who work “directly in the trenches on EDD projects.” Since May, he has posted nothing new.
- E-Discovery Team. Ralph C. Losey, co-chair of the e-discovery team at the law firm Akerman Senterfitt in Orlando, writes this top-notch blog. His posts are frequent and substantive, covering both e-discovery law and practice.
- E-discovery 2.0. Subtitled, “Thoughts about the evolution of e-discovery,” this blog is written by Aaref Hilaly, CEO of e-discovery company Clearwell Systems.
- Electronic Discovery and Evidence. Michael Arkfeld, author of the treatise, Electronic Discovery and Evidence, uses this blog to report updates in the law of e-discovery, although his postings are infrequent.
- Electronic Discovery Blog. Before he became an attorney, the author of this blog, W. Lawrence Wescott II, was an IT manager, a background that enables him to writes knowledgeably about both law and technology.
- Electronic Discovery Law. Technology lawyers at the firm K & L Gates write this blog that includes summaries of court decisions and updates on related legal issues.
- Information Governance Engagement Area. Rob Robinson, a marketing veteran who has worked with several e-discovery companies, maintains this blog as somewhat of a clipping tool for aggregating e-discovery news.
- In re Discovery. The blog of Socha Consulting, the firm discussed in part one of this column that publishes the annual Socha-Gelbmann Electronic Discovery Survey.
- LawTech Guru Blog. A well-known writer on a range of legal technology issues, Jeff Beard frequently blogs about new developments in e-discovery.
- Litigation Support Industry News. This blog tracks news about the companies that provide litigation support and e-discovery services. It is written by Brad Jenkins, president and CEO of Trial Solutions of Texas.
- On the Mark. Launched in October 2007, this is the blog of Mark V. Reichenbach, a vice president at MetaLINCS and two-decade veteran of e-discovery and litigation support for companies and law firms. In his blog, he comments “on the issues and happenings of our industry.”
- Ride the Lightning. The author of this blog, lawyer Sharon D. Nelson, is president of computer forensics company Sensei Enterprises and a widely known speaker and writer on legal technology. She introduced her blog in July 2007 with the goal of helping readers better understand electronic evidence.
- Sound Evidence. One of the best known e-discovery blogs, it is written by Mary Mack, technology counsel to e-discovery company Fios and co-author of the book, A Process of Illumination: The Practical Guide to Electronic Discovery.
- Strategic Legal Technology. Lawyer and legal technology consultant Ron Friedmann writes about e-discovery, litigation support, KM and other technology topics.
A number of companies that market e-discovery services also provide useful resources on their Web sites. In part one of this article, I described DiscoveryResources.org, an e-discovery portal sponsored by the company Fios. The company’s main site at www.fiosinc.com provides an array of resources in its own right, some that overlap with its other site and some that do not.
Other companies whose sites include useful resources for lawyers include:
- Applied Discovery. This LexisNexis division offers the Applied Discovery Law Library, a surprisingly diverse selection of case summaries, model forms, articles and white papers. Worth noting is the library’s collection of court rules, covering state as well as federal rules and including links to related ethics rulings.
- Attenex. Among the various resources available here, two offerings stand out as particularly useful. First is the collection of “on-demand webcasts” – previously recorded Web seminars on topics such as best practices, controlling costs and native file review. Also worthwhile is the li
brary of white papers on a range of practical e-discovery topics, many written by practitioners.
- Catalyst. CEO John Tredennick is nationally known both as an accomplished trial lawyer with Holland & Hart and as a writer and speaker on legal technology. Find your way to the site’s news page, then click the “articles” tab, for articles written by him and others on e-discovery and document management.
- CT Summation. A small collection of white papers focuses on topics relating to e-discovery and use of electronic evidence.
- Merrill Corporation. Within the Legal Solutions section of Merrill’s site is a Knowledge Center with a selection of articles to download. Topics include choosing an e-discovery vendor and managing electronic evidence.
- Ontrack Data Recovery. Discovery of electronic data sometimes requires recovery of lost electronic data, thanks to hard-drive damage or system failure. Ontrack’s site offers more than three-dozen substantive articles and white papers on data recovery. The easiest way to find them is via the site map.
- Sensei Enterprises. If you’ve ever been to a legal technology seminar or read a legal technology magazine, odds are you have encountered either Sharon D. Nelson or John W. Simek, Sensei’s principals. Both are popular speakers and authors. Fortunately for those who have not, they provide a library on their Web site of their broad-ranging articles dating back to 2002.
- Stratify. Skip the “eDiscovery Resources” section of this site, where the focus is on pitching Stratify’s products, and go instead to its selections of white papers and published articles. The latter, in particular, has several good pieces on e-discovery practice and technology.
An update: After the first part of this column went to press, a new e-discovery organization came into being and, with it, a new Web site worth checking out. Women in eDiscovery focuses on women in law and business with an interest in legal technology.
[The following column originally appeared in print in September 2007. I am republishing it as part of my continuing effort to maintain an archive of my published columns. Important note: I have not updated this since its original publication. While most of the sites remain as described, some may have changed. All information was current as of the date of original publication.]
(First of Two Parts. Part Two.)
Last December’s revisions to the Federal Rules of Civil Procedure, addressing discovery of electronically stored information, underscored the fact that no lawyer today can afford to ignore e-discovery. No matter the case, no matter the court, digital data is likely to be implicated.
That means lawyers urgently need to understand e-discovery and keep abreast of developments in the field. In this month’s column, the first of two parts on e-discovery, we look at some of the more useful Web sites for learning about and keeping current with this essential area of practice. Next month in part two, we will survey blogs about e-discovery and look at some vendors’ sites that include useful resources.
For all it offers, DiscoveryResources.org, may be the leading e-discovery portal. Even though the site is sponsored by e-discovery company Fios, it foregoes commerce in deference to its mission, which is to provide news, information and resources about e-discovery. Through both original content and outside links, the site provides timely news stories, substantive articles, tutorials, seminars, podcasts, legal forms and other tools.
Another useful entry point to resources on e-discovery is the American Bar Association’s Legal Technology Resource Center. The site devotes a section to courtroom technology and, within that, a guide to e-discovery resources. While not extensive, the guide is a good starting point.
If you want to know what federal judges know about e-discovery, you will find no better source than KenWithers.com. In his former role as education attorney for the Federal Judicial Center, Withers taught judges about EDD and technology. Now director of judicial education for The Sedona Conference, Withers’ personal site archives his many articles and presentations, discusses e-discovery rulemaking, and provides links to e-discovery resources elsewhere on the Web.
California lawyer Richard E. Best started posting his civil discovery outlines on the Web in 1999 and has continued to update them ever since at California Civil Discovery Law. From his home page, follow the “electronic data” link for his extensive collection of resources covering state and federal e-discovery, as well as related issues such as e-discovery ethics.
The Electronic Evidence Information Center, is a fairly modest collection of links to resources and conferences relating to e-discovery and computer forensics. Worth noting is the site’s page collecting links to mobile phone forensics tools.
Research and Practices
The rapid growth of e-discovery in recent years has left the horse often trailing the cart. A number of organizations are now working to develop standards and practices with the goal of harmonizing e-discovery across courts and industries.
A leader in this research is The Sedona Conference, a non-profit organization devoted to innovation in antitrust law, complex litigation and intellectual property law. It has devoted substantial work to the establishment of best practices in e-discovery. In June 2007, it released the second edition of The Sedona Principles on e-discovery. This document any many others are available through the Sedona site.
Given its goal of enhancing the administration of justice, the National Center for State Courts, is immersed in issues surrounding e-discovery in state courts. In August 2006, it published an extensive set of e-discovery guidelines for state trial courts, which is available as a download from this site. Elsewhere, the site compiles research and resources on e-discovery and houses a variety of articles on the topic.
Directed by legal technology consultant, writer and speaker Tom O’Connor, the Legal Electronic Document Institute, is a non-profit organization devoted to the development of education and standards related to legal electronic documents. Its areas of focus include practice management, electronic trial practice and litigation support, e-filing, e-signatures and e-discovery.
Similarly, the Electronic Discovery Institute describes itself as a public-interest organization conducting research into the efficacy of various methods of e-discovery. According to the site, the institute’s inaugural study is underway, testing the reliability of search and retrieval technology. Once completed, the study will be published here.
While the foregoing entities focus on e-discovery practices, Socha Consulting takes a different tack with its annual Socha-Gelbmann Electronic Discovery Survey. Think of it as the Consumer Reports of e-discovery vendors. The survey ranks the top e-discovery companies and provides information on many others. The full survey is pricey – $5,000 for 2007 – but a free summary was published in the August Law Technology News. Socha’s site includes various free resources as well.
From the publishers of the Socha-Gelbmann survey comes this related site, The Electronic Discovery Reference Model. The site originally was devoted to development of a model set of standards and guidelines governing e-discovery. With the model now in place and in the public domain, the site focuses on its deployment.
EDDix is a company devoted to research, analysis and reporting on e-discovery. The “ix” in its name stands for “information exchange.” Through this site, it sells various publications containing its research and also provides links to news and resources relating to e-discovery.
Reading Up on E-Discovery
A number of sites house original news stories, practice pieces, white papers, seminar presentations and other materials devoted to e-discovery.
Law.com’s Legal Technology Center, for example, maintains a useful section devoted to Electronic Data Discovery. It features news articles and expert commentary written for the site and drawn from legal newspapers and magazines. An “E-Discovery Roadmap” lets you navigate your way through steps in the e-discovery process and learn about their requirements and best practices.
Craig Ball is a board-certified trial lawyer and a certified forensic examiner, a combination that uniquely qualifies him as an e-discovery consultant and prolific writer on e-discovery and computer forensics. His Web site collects his regular column together with a variety of his articles and presentations.
LLRX.com has lon
g been a superior site for articles and resources on law technology and practice. From its main page, click on “E-Discovery” in the right-hand navigation column or use the site’s search feature to find a library of articles and updates covering e-discovery.
A collection of e-discovery materials from the Federal Judicial Center can be found by following the “materials on electronic discovery” link from its front page. The collection focuses on civil litigation and includes FJC workshop and seminar materials, research and publications, along with links to selected external materials. A link points to a separate page of materials focused on search and seizure of electronic data in criminal cases.
FindLaw’s Electronic Discovery Center provides substantive articles and white papers on e-discovery along with vendor press releases. An “E-Discovery Wizard” provides checklists and links to articles regarding specific provisions of the federal rules.
Law Journal Newsletters, a division of ALM, publishes the newsletter E-Discovery Law & Strategy, which can be reached through this site. Subscribers can view the full text of articles as well as download the entire newsletter in PDF. Non-subscribers can view article summaries and purchase individual articles.
Michael Arkfeld’s book, Electronic Discovery and Evidence, is a leading treatise on e-discovery. The book is available for purchase through Law Partner Publishing. Purchasers get password access to Web-only resources available here, including updates, forms and checklists.
A unique e-discovery resource is the Litigation Support Vendors Association. This site is home to multiple, free discussion forums covering such topics as e-discovery, computer forensics and best practices. All are moderated by industry experts and representatives of legal-technology companies. Also posted here are jobs within the litigation support industry.
[In Part Two: Our review of e-discovery sites continues with a survey of blogs on the topic and a look at the sites of some e-discovery vendors.]
Law.com today features the second installment in my two-part column on useful e-discovery sites and resources. The second part, Keeping Up With EDD Blogs and Tools, focuses, as the title suggests, on EDD blogs and also on vendor sites with useful information. The first part, EDD Bytes to Feed Your Firm, looked at general EDD Web sites.
Available now in Law Technology News is my latest column, Discovering E-Discovery, the first of two parts surveying e-discovery sites on the Web. (Free registration required.) This month, I look at some of the more useful Web sites for learning about and keeping current with this essential area of practice. Next month in part two, I will survey EDD blogs and look at some vendors’ sites that include useful resources.
I am extremely proud to join with an esteemed group of e-discovery and legal technology experts in the launch of the blog EDD Update, a joint project of Law Technology News and Law.com Legal Technology. As LTN Editor Monica Bay and Law.com Technology Editor Sean Doherty explain in their welcome message:
“Our concept of this blog is to provide a venue where we can post breaking news, key verdicts and judicial rulings, articles from Law.com and LTN, vendor press releases, and more — and most importantly, where our expert authors will offer their fine-honed analysis and comments.”
Check it out, add it to your feed reader and let us know your thoughts.