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Best Practices: Finding Holes in Productions

As document productions have ballooned in size, determining if a production is adequate has become increasingly difficult. The days of judges and magistrates turning a blind eye to bad discovery are over. So plaintiffs and defendants increasingly need to know if productions are adequate and defensible, or instead are riddled with obvious data holes.

Key Points

  • Receiving Party’s Complaints About Productions
  • Increased Scrutiny of Productions
  • Bates Gaps
  • Areas for Examination
  • Causes for Inadvertent Exclusion of Material
  • Leveraging Metadata to Analyze Production
  • Email Mapping
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A Litigator’s Guide to Negotiating Ediscovery Requirements

With the explosion of electronic documents and electronic stored information in modern complex litigation, the how and why of eDiscovery processing has become increasingly important. When done effectively, large document collections can be defensibly reduced, made fully searchable, and normalized to an easily reviewable format to speed and ease document review.

Key Points

  • What are ESI Agreements, etc.
  • Why Increasingly Important
  • Legal Requirements
  • Particular Points for Inclusion
    • ESI collection activities
    • Review procedures: linear, search, TAR
    • Production Format
    • Privileged information
    • Miscellaneous items
  • Reference Guide for Examples of Protocols, Requirements, etc.
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Organizing Deponents, Custodians and Other Case Participants

Some cases contain a confusing multitude of parties, data custodians, potential deponents, third-party subpoena targets. Keeping track of who’s who can be a challenge. Learn best practices for how to organize and use as a basis for effective eDiscovery, depositions and case chronologies.

Key Points

  • Who’s on First? Why Bother Organizing and Mapping Early
  • Defining Terms
  • Conflict of Interest Checks
  • Data Custodians – Map and Preserve Your Case Data
  • Early Case Assessment – Know your case strength
  • Build Out Evidence Timelines
  • Be Proactive in Depositions and Motion Practice
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Integrated Foreign Language Document Review

One of the more challenging consequences associated with growing ESI volumes in litigation is the increasing frequency and variety of foreign language documents. As business has become more international, so has litigation. From collection through to production, foreign language documents introduce vexing complexities that can confound existing workflows and spiral costs. However, litigation teams can leverage improved review technology to solve these important issues and reduce the time and expense of eDiscovery.

Key Points

  • What is driving the need for foreign language review?
  • What is integrated foreign language review?
  • Importance of maintaining single document records
  • Benefits of a Multilingual Search Index
  • Effect of Scalability on integrated translation workflows
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‘Above the Law’ features Lexbe for Cloud Document Management

Lexbe was recently featured in the leading legal blog: ‘Above the Law’ in a post entitled: Today’s Tech: A Litigation Attorney Uses Technology To Level The Playing Field.

A practicing litigator was interviewed and noted that technology in general, and cloud computing in particular, helps a small law firm to stay competitive in today’s constantly changing legal landscape. “Technology is the great equalizer between solo and small law firms and large firms. For smaller law firms it puts you on a level field with law firms many times your size. I can now handle 2 or 3 complex construction litigation cases at one time and it doesn’t take over my practice.  I can get through 30,000 documents quickly and narrow them down to what I really need to look at.”

Above the Law noted that Lexbe helps small firms handle the big cases. The interviewed attorney noted that “I handle a lot of cases where upwards of 30,000 docs are produced. These documents used to fill the room. Now I buy access to Lexbe on a case-by-case basis and then search the documents using Boolean logic.”

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