E-Discovery In Small Cases

1. E-Discovery In Small Cases Tom O’Connor Avansic Director of Professional Services

2. TOPICS

4. PARADIGM SHIFT • Taking an electronic document such as a spreadsheet, printing it, cutting it up, and telling one’s opponent to paste it back together again, when the electronic document can be produced with a keystroke is madness in the world in which we live.” • Magistrate Judge John M. Facciola • Covad Comm. Co. v. Revonet,Inc., 2009 U.S. Dist. LEXIS 75325 (D.D.C. Aug. 25, 2009)

5. EDRM

6. THE PROCESS

7. WHAT TO DO

8. KNOW THE RULES

9. AVOID E JARGON • ESI • Metadata • Native Format • If a request does not specify a form for producing electronically stored information, a party must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms • Processing • Culling • Deduping • Denisting • Reasonably Accessible • Meet and Confer • Cost Shifting

11. EMAIL

12. SOLUTION

13. BETTER SOLUTIONS “Litigation habits and customs learned in the days of paper must be revisited and revised. The culture of bench and bar must adjust.” Hon. Lee Rosenthal United States District Court for the Southern District of Texas, Houston Division. Chair, Standing Committee on Rules of the Judicial Conference

14. BETTER SOLUTIONS • Budget conscious solutions • Common native format files • Host your own data • Programs installed locally • Smaller collections • fit on DVD or external drive • Data exchange agreement • Selection • Format • Sampling

15. PRODUCTS

16. BETTER SOLUTIONS Technology is NOT the key to successful management of e-Discovery

17. Small Cases