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Best Practices to Avoid Missing Key Evidence in Large Doc Review (Uber Index)

Nothing can be more disastrous than showing up at a depo and finding that your team missed a key piece of evidence in document review, but your opposition found it. Not finding that “smoking gun” admission, or allowing critical privileged information to slip through into a production can be avoided, but only if your search tools are fully functioning. Many attorneys assume that all eDiscovery processing approaches and search tools and techniques are basically the same, but nothing could be further from the truth. In this webinar learn crucial search functions and critical indexing differentiators that will protect you from inadvertently missing important evidence during eDiscovery.

Key Points

  • Overview Modern Search and eDiscovery Indexing Technologies
  • Basic and Advanced Search Options in Use Today
  • Search Indexing ‘Gotchas’
  • Pitfalls of Relying Solely on Image-Based OCR Indexing
  • Why Native Extraction Alone is Ineffective
  • Complexities of Working with Foreign Language and Translated Text
  • Optimal Seach with a Concatenated Indexing Approach
  • Takeaways

About the Speaker

Erin Derby is a Certified eDiscovery Specialist (ACEDS) and member of the Technical Services team with Lexbe LC. She specializes in working with clients handling eDiscovery in complex litigation and provides a high level of precision and expertise.

She provides guidance for technical discovery issues and procedures and ensures compliance with all court-ordered ESI guidelines. Prior to joining Lexbe, Ms. Derby was a Litigation Paralegal for 10 years for both plaintiff and defense law firms.

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Best Practices in Use, Authentication and Admissibility of Social Media Evidence

Social media can yield the most important evidence of your case, but only if you gather and use it properly. Social media has allowed individuals and businesses to communicate in new, unprecedented ways. Not surprisingly, it can be the most important evidence in your case. But identification, collection, authentication, admissibility and ethics rules require special consideration. Joining us for this webinar is Robert Keeling, partner at Sidley Austin and industry expert on the complex topic of social media eDiscovery.

Key Points

  • The Prevalence of Social Media
  • The Use of Social Media
  • Using Social Media as Informal Discovery
  • Applicable Ethics Rules, Guidelines, and Opinions
  • Takeaways, Tips, and Other Considerations
  • Authentication and Admissibility Considerations

About the Speaker

Robert Keeling is an experienced litigator whose practice includes a special focus on electronic discovery matters. He represents both plaintiffs and defendants in complex civil litigation throughout the nation and conducts internal investigations in the U.S. and throughout the world. Mr. Keeling has authored several articles on eDiscovery and social media and is a co-chair for his firm’s eDiscovery Task Force.

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eDiscovery Planning for the Plaintiff Lawyer

Leveraging hold notices, ESI protocols, meet and confer, and other opportunities obtain the evidence needed to successfully build a case. Trial lawyers often represent the primary requesting party for document-complex discovery and litigation. Increasingly, this can overwhelm how they traditionally have reviewed productions and marshalled potential evidence.

Plaintiff lawyers, particularly if operating on a contingency basis, must carefully budget their time investment and client expenditures, while continually revaluing the case potential. Exploding electronically stored information (ESI) collection sizes in modern litigation makes this a difficult balancing act, requiring litigators to thoughtfully plan their document request, create reasonable agreements with opposing counsel and aggressively advocate for their eDiscovery rights.

Craig Ball, a noted authority on eDiscovery and computer forensics, offers practical advice as to how trial lawyers can obtain the evidence they need to successfully build their case and effectively advocate for their clients.

Key Points

  • Responsibilities of the requesting party in setting the eDiscovery agenda
  • Best practices for litigation holds
  • How strategic agreements with opposing counsel can advance effective discovery
  • Dealing with preservation and spoliation issues
  • Preparing for Rule 26 conferences
  • Closing advice and take-aways

About the Speaker

Craig Ball is a Board Certified trial lawyer, certified computer forensic examiner, law professor and electronic evidence expert He’s dedicated his career to teaching the bench and bar about forensic technology and trial tactics. After decades trying lawsuits, Craig limits his practice to service as a court-appointed special master and consultant in computer forensics and e-discovery.

A prolific contributor to educational programs worldwide – having delivered over 1,600 presentations and papers–Craig’s articles on forensic technology and electronic discovery frequently appear in the national media. For nine years, he wrote the award winning column on computer forensics and e-discovery for American Lawyer Media called “Ball in your Court.” Craig Ball has served as the Special Master or testifying expert on computer forensics and electronic discovery in some of the most challenging, front page cases in the U.S.

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A Law Firm’s Guide To Handling Large Document Collection, Review and Production In-House

It is absolutely essential that both the client and counsel understand the landscape the litigation will expose, and this is accomplished by a thorough and thoughtful document review. Clients need such information to make an informed assessment of the potential risks (and rewards) of continued litigation. Counsel requires it to develop strategies to optimally deal with the facts (good and bad) that will ultimately be presented in the case. There is simply no substitute for carefully developing a proper, compelling and well-presented story on the facts. This webinar will address important legal issues, cost control methods and ensuring eDiscovery technology options and legal project management methodology is utilized fully for your next case so you can succeed.

Key Points

  • Data Growth and the Changing Landscape
  • Preparing your Firm for eDiscovery Projects
  • Assessing the Scope Of Your Project
  • Creating your Collection Plan
  • In-house Review
  • Determining your Best Production Options
  • Key Take-Aways
  • Conclusion

About the Speaker

Phillip Hearn has over 10 years of litigation knowledge managing document heavy litigation in state and federal courts with a solid understanding of law firm practices and business direction as well as advanced familiarity with eDiscovery best practices. He manages the professional services and technical staff at Lexbe and is certified in eDiscovery.
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Judicial Advice on On Meeting your Rule 26(f) Obligations

Our recent webinar, Avoiding Spoliation Sanctions in 2017 Under the New FRCP Amendments, featured the honorable Judge Xavier Rodriguez, a United States District Judge for the Western District of Texas. One of the questions we asked Judge Rodriguez was “Are judicial expectations shifting as to what the parties should accomplish in early case conferences and the scheduling order before discovery commences?” He offered some valuable insight into what best practices he is seeing from the Rule 26(f) meetings and which elements are still missing.

Rule 26(f) obligations have been the source of much confusion and hand-wringing. There are several key agreements which must be met during ‘meet and confer’ sessions early in the case, which at a glance can appear daunting. Proactive approaches to the challenge are best.  With the sheer amount of electronically stored information (ESI) exchanging hands in a complex case today, and the possibility of some ESI to be not preserved, damaged or lost, Rule 26(f) forces us to do the necessary work early in the case, rather than waiting for problems to arise.

We wanted to bring you our key takeaways from the webinar on Rule 26 obligations to keep in mind as you prepare for your next document complex case.

    • Schedule your Rule 26(f) meeting with opposing counsel prior to your Rule 16 meeting with your Judge. By coming prepared to your Rule 16 meeting with agreements in place and disputes ready for the Judge to rule on, you can expedite discovery and dispute resolution.
    • Prior to your 26(f) meeting you should survey the probable ESI in your case.
      1. Interview custodians to determine key players.
      2. Each side should work with their clients to determine what document retention policies are in place, and modify as needed.  For example, are there automatic deletion systems that need to be turned off for preservation?
      3. A best practice is to prepare a “data map” of your ESI prior to your Rule 26(f) meeting.  A data map is an inventory of potentially responsive ESI by custodian, device, location and content.
      4. Put an ESI Agreement or protocol in place. Lexbe provides a sample ESI order/agreement/protocol as a starting point. Download it for free HERE.
    • Goals for the 26(f) meeting are to come away from the conference with the following structure laid out, to the extent possible:
      1. Define the scope of the eDiscovery requirements. Identify dates, custodians and places where data may be kept.
      2. Discuss how ESI will be preserved. Will all devices be imaged, or will there be a directed collection? An important consideration here is to consider what metadata should be preserved and transmitted with production.
      3. Who will handle collection?  Possibilities are an outside vendor, company IT staff and custodial self-collections.  What safeguards will be in place depending on the risks with each methodology.
      4. Identify deduplication and culling methods to reduce reviewable documents and ESI.
      5. Set reasonable deadlines for when data exchanges need to happen.
      6. Parties should agree on how they will receive opposing counsels ESI. (Lexbe and many eDiscovery experts recommend that you ask for produced, non-privileged ESI to include files in native format. We offer a checklist on Requesting Production in Native File Format HERE.
      7. Be reasonable and cooperate. Judges increasingly expect all parties to negotiate in good faith, making reasonable requests and offering reasonable accommodations.
    • Write it out.  A best practice is to recap agreements via written correspondence post-conference. Beyond ensuring that you are on the same page with opposing counsel, a written account gives you a defensible position to follow-up in court if needed.
    • Reach out to your judge for a ruling when you need it. Judges expect that you will cooperate and compromise in good faith, but if you truly find yourself at an impasse with opposing counsel you are better off reaching out to your judge early rather than waiting until the last minute.
    • With a substantive, well planned 26(f) meeting, you will resolve potential discovery issues before they arise.

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