1 / 18

How to Get Screwed by eDiscovery

Not. How to Get Screwed by eDiscovery. Kat Meyer, Esq. President of Conquest eDiscovery , LLC. Screwed : to be in serious trouble; describing something in a state of disrepair . ( Urban Dictionary). Screwed in eDiscovery : Wasting Money Being Inefficient Getting Sanctioned

eze
Download Presentation

How to Get Screwed by eDiscovery

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Not How to Get Screwed by eDiscovery Kat Meyer, Esq. President of Conquest eDiscovery, LLC

  2. Screwed: to be in serious trouble; describing something in a state of disrepair. (Urban Dictionary)

  3. Screwed in eDiscovery: Wasting MoneyBeing InefficientGetting Sanctioned Negatively Affecting StrategyFaking that you know what you are doing, resulting in one of the above OR OR OR OR

  4. Find the “One”

  5. Find the “One” • Don’t Be a Hoarder

  6. 18 77 50% 19 Avg # of emails a person receives per day Avg # of docs held past their retention period Avg # of times a doc gets copied # of months it takes for a company’s data to double

  7. Find the “One” • Don’t Be a Hoarder • Speak Up

  8. Find the “One” • Don’t Be a Hoarder • Speak Up • Data Dive

  9. Custodian Interviews Background Devices Communication Data Locations

  10. Find the “One” • Don’t Be a Hoarder • Speak Up • Data Dive • Be a Frenemy

  11. 01 Exclusions 02 Limitations 03 Format 04 Search Terms

  12. Find the “One” • Don’t Be a Hoarder • Speak Up • Data Dive • Be a Frenemy • Reign in Review

  13. 8% Where the Money Goes… 19% Collection 73% Processing Review Where the Money Goes: Understanding Litigation Expenditures for Producing Electronic Discovery, 2012

  14. Find the “One” • Don’t Be a Hoarder • Speak Up • Data Dive • Be a Frenemy • Reign in Review • Call the Plays

  15. An attorney is required to sign all disclosures certifying they are complete and correct at the time they are made “to the best of the person’s knowledge, information, and belief formed after reasonable inquiry.” FRCP 26(g)

  16. A lawyer having “direct supervisory authority over the non-lawyer shall make reasonable efforts to ensure the person’s conduct is compatible with the professional obligations of the lawyer.” ABA Model Rule 5.3

  17. “…defendants took a backseat approach and instead let the process proceed through a vendor….[s]uch a hands-off approach is insufficient…Defendant’s cannot place the burden of compliance on an outside vendor and have no knowledge, or claim no control, over the process.” Peerless Industries, Inc. v. Crimson Av, LLC

  18. Not How to Get Screwed by eDiscovery Kat Meyer, Esq. President of Conquest eDiscovery, LLC

More Related