Biomet a BioMess?
Discussion of the Biomet M2a Magnum Hip Implant Products Liability Litigation (MDL 2391) regarding the pre-cull of ESI using keywords before predictive coding.
Go to PodcastNew Summer Class for E-Discovery Training
In this podcast, we talk about the new summer school program in e-discovery for law students. Come listen to find out more about this program and forward it to law students you know so they can get access to these tools even if their current law school doesn’t offer a similar class.
Go to PodcastMaking Predictive Coding Pizza at the DESI V Conference in Rome
In this show, we talk about the upcoming DESI V conference in Rome, Italy which will focus on predictive coding. DESI is a more technical conference than the typical CLE program and you are just as apt to meet a thought leader who is a lawyer as you are likely to meet the chief scientist behind software you might be using or might be hitting the market soon. It is a pure and academic experience which I highly recommend after attending DESI IV in Pittsburgh, PA in 2011.
Go to PodcasteDJ and ReviewLess Predictive Coding Boot Camps
Karl is joined by Barry Murphy, analyst for the eDJ Group , who will be talking about the series of boot camps they are bringing to cities around the country. The goal is to seed more lawyers who can be conversant about these tools and to make it accessible and affordable. That is why we are not just doing a big conference that attendees need to travel to and pay hundreds or thousands of dollars to attend plus travel costs.
Go to PodcastOver Processing of ESI and The Microsoft Letter – Part 2
This is part 2 of a 2 part series on over processing of ESI and the Microsoft letter. For this show, we added Tom Gricks, head of the predictive coding department at Schnader, Harrison, Segal & Lewis. We go beyond case law and try to use common sense to discuss if there are solutions to this problem. The other solution might be to continue the status quo and wait for new federal rules to try and bail us out.
Go to PodcastPredictive Coding Gets a Glossary
Learn about the recent publication by Dr. Maura Grossman and Dr. Gordon Cormack entitled The Grossman-Cormack Glossary of Technology-Assisted Review published in Volume 7 Issue 1 of the Federal Courts Law Review in 2013. Joining us on this show are the Honorable John M. Facciola from the District of Columbia who wrote the foreword to the Glossary and Maura R. Grossman, Counsel at Wachtell Lipton, Rosen & Katz and and Dr. Gordon V. Cormack Professor from the University of Waterloo in Waterloo, Ontario.
Go to PodcastOver Processing of ESI and The Microsoft Letter – Part 1
On today’s show, we do part 1 of a 2 part series on the problems of over collection and the challenges this presents to corporations. We’ll discuss the incredible analysis that Microsoft put together in preparation for a meeting in Dallas for the Rules Subcommittee to discuss detailed metrics on why the Federal Rules on E-Discovery need more guidance on the obligations companies should adhere to in order to make them proportionate to the case at hand.
Go to PodcastLegalTech 2013 ESIBytes Podcast
This is a special ESIBytes show discussing the upcoming LegalTech in New York City from January 29 – 31. Joining us as a guest on this show is Henry Dicker, Vice President of Events at ALM, Executive Director, LegalTech. Henry has been with ALM for 13 years and has been running the LegalTech brand for his entire tenure. LegalTech for those who are unfamiliar, is the preeminent legal technology show in the world and is being held in New York City.
Go to PodcasteDiscovery Journal Predictive Coding Survey
Learn about a new survey from the eDiscovery Journal that seeks to better understand the current state of predictive coding.
Go to PodcastChelsea Schieneman 2012 E-Discovery Survey of Law Firms and Document Review
We’ll discuss the results of an extremely interesting Senior Year student marketing research project at John Carroll University where 218 attorneys were surveyed from around the country on their views regarding document review projects.
Go to PodcastThe Top 10 E-Discovery Cases of 2012
Listen to our annual podcast on this year’s top 10 cases in electronic discovery featuring our special guest Ron Hedges, former Magistrate Judge from New Jersey.
Go to Podcast3 Baritone E-Discovery Voices Discuss the Meet and Confer Challenge
In this podcast, we discuss whether the Rule 26 (f) meet and confers are really working, how to make meet and confers more useful and we will delve into some of the challenges which occur in a meet and confer process.
Go to PodcastWaiving Work Product With Predictive Coding
Learn about a collection of astute search issues which lawyers need to be thinking about, including the inadvertent disclosure of work product, lawyers having their search techniques scrutinized, and how to make sense of the variety of search techniques that are in the marketplace of predictive coding.
Go to PodcastInformation Governance Tips That Impact E-Discovery
Learn about the important role that information governance can have on a company’s ability to navigate electronic discovery issues with less pain.
Go to PodcastBack To Law School Show and Practical Advice for Law Students
This podcast features a roundtable discussion where we counsel a packed room of law students on emerging issues in predictive coding, jobs, and career advice in eDiscovery.
Go to PodcastPredictive Coding Power User Panel from Carmel
A hand-picked panel of predictive coding “power users” talk about different approaches to using predictive coding and analytical review tools.
Go to PodcastCarmel Valley E-Discovery Judicial Panel on Predictive Coding
For over an hour, this judicial panel discusses predictive coding issues at a live CLE program offered at the Carmel Valley E-Discovery Retreat (CVEDR) in 2012.
Go to PodcastTaxation of Electronic Discovery Costs, Recovering Processing Fees
This podcast features a discussion on how to recoup eDiscovery costs, with Karl Schieneman and Mark Austrian.
Go to Podcast7th Circuit Electronic Discovery Pilot Program Overview
Listen to our podcast discussing the 7th Circuit Electronic Discovery Pilot Program. Learn how the Pilot Program works, the results of their efforts to advance the electronic discovery field both in the 7th Circuit and nationally, and where they see the 7th Circuit Electronic Discovery Pilot program heading.
Go to PodcastThe Upcoming Carmel Valley E-Discovery Retreat (CVEDR) 2012
Learn about the upcoming 2012 Carmel Valley E-Discovery retreat including some exciting plans about panel discussions on predictive coding.
Go to PodcastRand ESIBytes Podcast on E-Discovery Costs and Predictive Coding
Listen to Karl Schieneman interview Nicholas Pace, a social scientist with the Rand Institute and author of “Where the Money Goes.”
Go to PodcastTop 10 Tips for Learning Predictive Coding and Forbes Legal Hydra Article
Tom Gricks interviews Karl Schieneman about his Forbes article from January called Legal Hydra where he included a “Top 10 List” advising attorneys on how to learn more about predictive coding.
Go to PodcastCloud Computing & The E-Discovery Adjuncts and Professors GROUP
The E-Discovery Adjuncts and Professors Group is a cloud based collection of law school E-Discovery professors networked through cloud computing tools.
Go to PodcasteDiscovery Passports and International eDiscovery in US Courts
Listen to this free podcast about navigating the world of international e-discovery and how it impacts litigation in the United States.
Go to PodcastPredictive Coding and Review Roundtable
This episode is a very exciting and practical conversation on how electronic discovery will impact the world of review as well as the ongoing issues of validation and the heightened need for cooperation when predictive coding is used.
Go to PodcastValidating Predictive Coding, Da Silva Moore Case and Other Current Issues
In this groundbreaking podcast, we discuss the validation of predictive coding, a topic which has become the central issue in the Da Silva Moore v. Publicis Group case in the S.D. of NY.
Go to PodcastDelaware’s Default Standard For Discovery Including Discovery of Electronically Stored Information (“ESI”)
The standard for federal litigation in Delaware was passed on Dec 8, 2011 and the standard is to be used when the parties can’t agree on standards of their own in the meet and confer process. Learn more about it by listening to this podcast.
Go to Podcast3 Judges’ Perspectives on Predictive Coding Based on Recent Training
Listen to our guest judges and predictive coding expert Herb Roitblat talk about their recent experiences with predictive coding training.
Go to PodcastOccupy LegalTech Show
Listen to this show to learn more about this spontaneous, social media fueled protest. Hope you enjoy the show and I look forward to meeting listeners of this show at LegalTech this year and talking about the Occupy LegalTech movement, handing out humorous buttons and discussing other podcast ideas.
Go to PodcastPreviewing LegalTech 2012
LegalTech can be overwhelming at times and is appropriately held in New York City which can also be overwhelming to outsiders. So we hope to share advice on how to make the most of your LegalTech experience including strategies, how to work the largest legal technology trade exhibit in the world and what to expect this year.
Go to PodcastSupreme Court Rules on Police GPS Use and Privacy Rights in US v. Jones
Listen to a discussion on the recent US v. Jones decision. In this decision, the Supreme Court unanimously held that the police must first obtain a search warrant before placing GPS device on a car for an extended period of time to covertly follow a suspect. This discussion will center on what the Supreme Court’s GPS opinion means to the general public and how the Supreme Court feels about the important field of privacy rights for individuals in the electronic age.
Go to PodcastESIBytes 2011 Recap and Looking Forward Into 2012
Listen to Karl talk about ESIBytes’ past year, some of the highlights and what is planned for 2012 as ESIBytes heads into its 3rd year. He also shares a little more about his background and his thoughts on what the biggest issue is in electronic discovery at this time.
Go to PodcastThe Three Judges Holiday Show: Perspectives on Machine Assisted Review
This free eDiscovery podcast is a lively discussion and a must listen for anyone who has any concerns about the defensibility of using machine-assisted review for eDiscovery. These judges are part of a growing movement actively educating lawyers and corporate clients that they approve, in theory, with the use of these tools. This is an important topic, especially given how flawed and expensive more traditional document review can be.
Go to PodcasteDiscovery Experts Discuss New York’s Complex E-Discovery Model Order
Both of these attorneys, considered among the best eDiscovery experts nationwide, were involved in creating the new model order. Hear why they think this approach can make litigation more efficient, what the order entails, where the debates over creating this were most focused and how they think the order’s use will play out in 2012.
Go to PodcastThe (Under Appreciated) Value of eDiscovery Networking
This expert panel is committed to the idea and will share their insights into why networking works for them as a critical part of their eDiscovery education efforts.
Go to PodcastTop 10 E-Discovery Cases and Trends of 2011
Learn about the top 10 electronic discovery cases and trends of 2011 with this free eDiscovery podcast. The participants’ experience includes serving as a judge, a lawyer, a technologist, a former in-house e-discovery manager and an e-discovery consultant. The plethora of experience and knowledge is daunting at best. This is an episode that should not be missed.
Go to PodcastThe 12 Days of Remediation, A Holiday Classic
This podcast addresses items ranging from data maps to retention schedules; effective and realistic legal hold strategies; effective policies regarding social media; personal and mobile devices and much more.
Go to PodcastTechnology, Training, Lawyers and E-Discovery
There are many who are very tech savvy but the fact that many lawyers are not is one of the reasons why teaching law firms new tricks with using technology can be so challenging. This show is a peek into where many lawyers are as far as a comfort level with technology and provides some insights into how difficult it is to change the field.
Go to PodcastNew Model Order for E-Discovery In Patent Cases
Learn aout the new Model Order for e-Discovery in Patent cases. This controversial order seeks to limit electronic discovery costs by reducing the number of custodian’s email that must be produced in a patent dispute to a presumed 5 custodians with 5 search terms. In addition, the order adopts much of Rule 502 to protect the waiver of privilege, excludes metadata without a showing of cause, and requires email to be produced as a supplemental production after information about the underlying patents have been produced.
Go to PodcastWhat Makes The Georgetown Advanced e-Discovery Program Special?
The discussion will focus on the Advanced eDiscovery program at Georgetown and the forthcoming conference on November 17 and 18th. Bob will outline the academy’s history and examine how it became the preeminent e-discovery conference in the country.
Go to PodcastCooperation Primer for Lawyers and Judges
Learn about how meet and confers should work when cooperation principles are followed. There will be useful discussions into what seems to cause cooperation to break down and how to address it. Lastly, the participants will share their views on the most current trends in E-Discovery.
Go to PodcastRevisiting the 2011 Carmel E-Discovery Retreat
Listen to Karl Schieneman, Founder and Owner of Review Less and friend of JurInnov talk Chris La Cour about the 2011 Carmel Valley E-Discovery Retreat from July, 2011. We will recap the highlights from this first of a kind E-Discovery event out on the West Coast and talk about future plans for the 2012 event which are already under way.
Go to PodcastPrivate Clouds and Data Security
Listen as Karl talks with a team of experienced IT professionals and analysts about how cloud-based offerings impact law firms. During this show we will talk about security issues, ethical concerns and specifically about how e-discovery is impacted by cloud computing.
Go to PodcastUsing Metrics to Improve Legal Process and E-Discovery Techniques
Learn about techniques that can create a more efficient law department. We also discuss how these techniques can play out in electronic discovery, a field which at times cries out for better bench-marking.
Go to PodcastThe Role of Litigation Support in E-Discovery
This show is very helpful for law firms and lawyers who are considering starting a litigation support department. It also provides insights into the fact that there is no one right way to run or staff a litigation support department. What is clear is litigation support can provide invaluable support for lawyers who are often challenged by the task of working effectively with technology.
Go to PodcastHow To Get E-Discovery Education with Ralph Losey
We will address the ongoing debate about the validity of certification in the e-discovery field, provide information about Ralph Losey’s 84 lecture online course which he has created with the help of many of the top judges and lawyers in the e-discovery space, and what impact the education efforts are having.
Go to PodcastRule 502(d) For Dummies With Judge Grimm
Learn how Rule 502 helps lawyers cope with privilege waiver risks when dealing with large amounts of electronic discovery. We will also touch on the recent J-M Manufacturing Co., Inc. v. McDermott, Will & Emery case filed in Superior Court in California on June 2nd, 2011 in which negligence was alleged for, among other things, turning over privileged documents.
Go to PodcastThe Role of Statistics in Electronic Discovery
This episode explores the important role of statistics in electronic discovery for both newer software programs as well as traditional linear review approaches. We cover statistical concepts that lawyers should be familiar with when assessing large document collections. In addition, we discuss how statistical methods such as random sampling can prove useful for arguing the process utilized is defensible and how to figure out if you are heading in the right direction in an active project.
Go to PodcastRetrieving ESI From Cloud-Based Applications
In this show we talk about Google Docs, social media, instant messenger applications and other third party software where ESI might reside that lawyers frequently would like to access to analyze in the context of litigation. We will provide some guidance on what you can do today and what the future is shaping up to look like.
Go to PodcastInternational Electronic Discovery
This show will address the challenges of collection and preservation, provide updates on case law, give some additional attention to the Far East and China, and even throw in some questions about how predictive coding might create additional privacy issues in other jurisdictions.
Go to PodcastE-Discovery Search and Retrieval and is Human Review The Gold Standard?
Listen to a discussion on search and retrieval issues with Maura Grossman of Wachtell, Lipton, Rosen & Katz and Professor Gordon V. Cormack from the University of Waterloo. Maura and Gordon have been deeply involved with the TREC program measuring different approaches for accomplishing document reviews with electronically stored information. They have jointly published a number of cutting edge articles describing their results.
Go to Podcaste-Neutrals and Special Masters in Electronic Discovery Cases
This podcast features a discussion on how e-neutrals and Special Masters can add efficiency to electronic discovery cases. The common thread of the episode is the process of gaining efficiency by bringing experts onto a project to help with the technical issues associated with electronic discovery. The discussion also focuses on how the different e-neutral and Special Master programs work, differences between the two and why these ideas are useful in speeding up electronic discovery cases and overcoming challenging issues.
Go to PodcastStandardizing Search and Retrieval and Recapping the DESI IV Conference
The topic for discussion is a recap of the recently held DESI IV conference in Pittsburgh, PA which focused on whether we can come up with standardization for search and retrieval in E-Discovery. This show will talk about the conference as well as some of the challenges and opportunities for adopting standardization in search and retrieval.
Go to PodcastProject Managing Electronic Discovery
This discussion will address the following challenges of project management: start up, potential dangers, assessment of success, and how the many moving pieces on a project work with each other. Regardless of the size of a project, the tools that can be used are similar. Having recently submitted an updated chapter on project management for PBI, E-Discovery, Karl also contributes to the discussion as well.
Go to PodcastInterviewing Witnesses in E-Discovery Cases
This show will address the critical E-Discovery step of interviewing witnesses before charging ahead and ramping up an E-Discovery project. In the haste and fear to get our arms around ESI, this non-technical step is often missed. This is why the lawyer is still the most important piece of technology in an E-Discovery case as technology always works best when it is aimed at useful ESI instead of lots of ESI.
Go to PodcastThe Importance of Metrics in Electronic Discovery
Learn about the importance of metrics in electronic discovery. We discuss the different forms of metrics, how to gather metrics, whether relying just on vendors to supply metrics makes sense, and get Alex to discuss some of her favorite metrics.
Go to PodcastE-Discovery and Effectively Working Through Privilege Issues
Listen to us discuss: where privilege is today and where it is heading in electronic discovery, the risks of sending business documents to lawyers to obtain the supposed protective seal of privileged, how to review for privilege effectively, how cooperation plays into effective privilege review, how to lose trust with the other side and reduce the effectiveness of cooperating on privilege documents, what privilege logs really get you at the end of the day, and how Rule 502 is supposed to work and how it is working today.
Go to PodcastWatson, The NY Times Doomsday Article and the Legal Profession
In this podcast, we talk about the string of technology-driven press about Watson, IBM’s artificial intelligence computer system, and the front page NY Times article that predicted the demise of armies of expensive lawyers at the hands of cheaper software in electronic discovery.
Go to PodcastUK e-Disclosure Project Update and Its Application to the US
The e-Disclosure Project has many aspects including a model ESI Questionnaire that assists parties in agreeing on how ESI should be handled in their dispute. The ESI Questionnaire helps to analyze the proportionate impact the ESI has to the case compared to what is at stake in the matter.
Go to PodcastThe Launch of a Law Student E-Discovery Website
Hear about www.lawblogreview.org, a website that enables law students who study electronic discovery and/or have technical backgrounds to develop their electronic discovery ideas, market themselves and get jobs or clerkships. This approach helps students and law firms who may have limited resources to learn more about opportunities in the electronic discovery field.
Go to PodcastMidwest Sourcing of E-Discovery Talent
This show will provide a nice set of examples of how some of the nation’s largest and most sophisticated law firms are sourcing review work away from large cities to take advantage of the stability and lower billing rates of Midwest attorneys. In addition, all three experts have extensive electronic discovery experience and focus their legal work in e-discovery related matters.
Go to PodcastCorrelation Between Client Risk Tolerance and E-Discovery Readiness
Listen to our guests discuss the role risk assessment plays in how clients approach electronic discovery. We talk about the different stages of an e-discovery project including records management, e-discovery readiness, litigation holds/collections, data culling and processing, early case assessment, types of review strategies, and review tools.
Go to Podcast2011 Trends in E-Discovery
Listen as we discuss technical topics like emerging standards, cloud computing and social networking and the challenges these place on existing review solutions, the growth in international e-discovery, automated review, and how the in-house electronic discovery market will continue to evolve.
Go to PodcastUsing Predictive Coding – What’s in the Black Box?
In this show we have brought some of the top minds in this field together to discuss the progress of machine enabled learning. We hope to talk about its limitations, which clearly exist. We will also discuss what progress has been made too. The great thing about this show is two of the participants sell NOTHING TO LAWYERS. So this is an opportunity to hear in an unbiased way what the potential is and where some of the warts are too.
Go to PodcastSurveying Sanctions in E-Discovery Cases in 2010 and Judicial Reactions
In this podcast, we will be talking about trends in the area of e-discovery sanctions. Given the variety in backgrounds the different panelists possess, this should be a very interesting and lively discussion as we try to figure out what will happen next in the world of E-Discovery Sanctions and how best to avoid them given what we know today.
Go to PodcastProducing ESI and Associated Issues
Today, we are joined by attorney, national electronic discovery analyst, author and forensic expert Craig Ball and electronic discovery technology expert and attorney Tim Opsitnick from JurInnov about the challenges and options when producing ESI.
Go to PodcastUK and European Data Privacy and Protection Electronic Discovery Issues
In a multinational world, litigation can often encompass data in other countries. The UK privacy laws are different from the US so we thought we would do a show on this topic. This is an interesting and educational show.
Go to PodcastTop 10 Electronic Decisions in 2010
Listen to Ron Hedges discuss his top 10 list of the most influential electronic discovery related cases from 2010 with a few key events thrown in as well. This is always an informative show for anyone trying to keep up with developing case law.
Go to PodcastLegacy Data Issues and E-Discovery Pain
This podcast will focus on the challenges of getting rid of old legal holds which can turn into cesspools of data that can have no redeeming value to a company except provide more data that needs to be searched when future litigation occurs. This is a particularly thorny area and one with little legal guidance.
Go to PodcastAdministrative Law and E-Discovery – An Insider’s Perspective
Listen and learn about what works when a subpoena or warrant arrives at the doorstep of your client requesting information and ESI is involved. While the rules for E-Discovery are different, many of the same principles surrounding cooperation and open and honest disclosure still apply.
Go to PodcastWill Judges Think It Is Okay To Use Clustering and Suggestive Coding Tools?
When will the judiciary offer guidance to parties on whether it is okay to use advanced technologies to do a better and less expensive job finding relevant ESI as compared to using keywords to fish haphazardly for ESI?
Go to PodcastEnvironmental Law and E-Discovery Should Not Be Hazardous Waste
Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talk with attorney Margaret “Maggie” Boyle from Pittsburgh based Babst Calland Clements & Zomnir, PC on how environmental law and electronic discovery can intersect.
Go to PodcastSpecial Master Program for the United States District Court – W.D. of Pennsylvania
Special Masters are often brought in by the court to add technical expertise to assist judges who may not have the same technical background or the time to deal with electronic discovery disputes. If done correctly, they can offer enhanced efficiency and expertise to what can often be messy and confusing discovery issues.
Go to PodcastCloud Computing and Lawyers – Hype, Potential or Impossible?
During this show, we define Cloud computing, give examples, discuss the barriers for lawyers adopting these tools, and talk about typical e-discovery issues of preservation and collection when a third party application is being used to store data.
Go to PodcastE-Discovery Versus E-Disclosure – How The English Handle E-Discovery
The US system has attempted to become more flexible by relying substantially on effective meet and confers to enable the parties to sort out discovery obligations and avoid messy discovery disputes and unproductive motions practice. Unless the parties agree, this approach is fairly utopian. The English model goes one step further and provides for E-Disclosure instead of E-Discovery. Meaning you are obligated as a party to turn over that which is relevant to the case.
Go to PodcastRecords Management – An Insider’s Perspective and Its Impact on E-Discovery
On this show we will cover how effective records management can minimize the headaches associated with ESI in E-Discovery, provide tips on implementing a records management program, and discuss whether we are making progress with records management of ESI.
Go to PodcastDealing With Legacy Data – What To Do About ESI Messes Today
Learn about the problem of storing lots and lots of data. More than the problems presented, we will talk about case law, approaches for dealing with this problem and why you should start acting today.
Go to PodcastLawBlogReview.org a Proposed Student Run Website
On today’s show we will talk about the lawblogreview.org website building contest. So why should you listen to this show? If you are a law student, know someone who teaches E-Discovery classes or know people in your local bar association who might benefit from a website which provides access to law clerks who have taken E-Discovery courses, then you can help us.
Go to PodcastOur First Processing of ESI Show With Industry Processing Pioneers
Learn about the role processing plays in the analysis of ESI for E-Discovery. This is a really unsexy topic which few people want to think about except for the people whose hands it falls on to complete this important task. To those who are more involved, it is a trap for the unwary which is often decided based on price without thought to the implications that bad processing can have for your case.
Go to PodcastAgreeing on Key Words, The Tooth Fairy and Other Myths
With the big push on cooperating to reduce costs and improve discovery, we take on one of the big issues in electronic discovery, key word searching. Can you cooperate on key words and gain real efficiencies? Why do we battle over key words?
Go to PodcastCost Shifting and Fee Splitting in Electronic Discovery
Today’s show talks about the mechanics of cost shifting but we also delve into how new technologies such as concept searching can be addressed in meet and confers to reduce costs. Given the different perspectives, a variety of opinions will be shared including how important the Proclamation Collaboration can be to reducing cost shifting arguments to real disputes.
Go to PodcastSocial Media Creates Business Opportunities, Messes and Work for Lawyers
Today’s show will be a combination of topics as we discuss why social media is such a useful tool for businesses (including law firms) by enabling organizations to connect with communities of users in very dynamic ways. We will also talk about some of the risks these tools can create rather quickly as users lose control of messages which can spiral out of control on the internet.
Go to PodcastThe Vendor Control Pendulum in Electronic Discovery
Control of vendor relationships in electronic discovery has shifted over the past few years with more companies taking an active role in managing preferred vendor relationships. We will discuss what the field was like before this shift occurred, what the outcome of this shift is, and if it is resulting in better projects and improvement in electronic discovery process.
Go to PodcastGovernment Investigations and Electronic Discovery
Listen to how the rules differ when the government is involved and what remains the same. Despite the economic downturn of the past year, regulatory electronic discovery has been a field largely unaffected. In some respects, it has been a growth field compared to the rest of the electronic discovery industry. Yet, the rules are different and working through electronic discovery issues with the government can be an art.
Go to PodcastHow State Law Can Differ From Federal E-Discovery Law in New York
How does state law and federal law can differ in electronic discovery cases. In this episode, we will be discussing New York state law and how it contrasts with federal electronic discovery practice.
Go to PodcastRequest for Idea to Offer Law School E-Discovery Clinics to Small Law Firms
This podcast is really just a short description of an idea and a request to get in touch with me if you like the idea and want to help, are a law student and can provide some feedback on the idea, know a law school that teaches electronic discovery or, better yet, know a professor who teaches electronic discovery.
Go to PodcastMid-Year 2010 Summary of Electronic Discovery Cases
Together we are going to tackle the mid-year review of electronic discovery cases. What are the themes and trends? What types of cases are being filed? Are spoliation cases growing? Is electronic discovery going more mainstream now with more courts weighing in or are we seeing mega decisions still from the judges who have been pioneers in the field?
Go to PodcastThe 4th Amendment and E-Discovery in Criminal Matters
Learn how the 4th Amendment in criminal cases intersects with electronic discovery. Our panelist for today’s show is Justin Murphy with Washington DC based Crowell & Moring who proposed this show when we met a month ago in Washington, DC. It is exciting to be able to take ESIBytes into new fields like criminal law so I appreciate Justin’s insights into criminal law.
Go to PodcastElectronic Discovery and Home Computers
Home computers are filled with lots of interesting ESI about custodians but they also raise unique privacy issues.
Go to PodcastEarly Case Assessment (ECA) Strategies – The Wrong Way and The Right Way
We will talk about common methods used today; what some of their limitations are; how like any database driven task, a bad collection or poor records management at the front end can impede good ECA; and how new technologies like concept searching are making ECA easier to accomplish.
Go to Podcast100th Judge Signs The Cooperation Proclamation
We have the pleasure of speaking with the Hon. Joyce Flowers Conti from the Western District of Pennsylvania who recently became the 100th judge to sign off on The Cooperation Proclamation. Joining her on this show will be Richard Braman, the Executive Director from The Sedona Conference who will update the audience on the progress of The Cooperation Proclamation to date and to celebrate this milestone.
Go to PodcastQuon and the Supreme Court Tackling An E-Discovery Issue
Learn about the U.S. Supreme Court’s recent decision in Quon and how it sheds light on the Supreme Court’s take on electronic discovery. Widely viewed as a punt, the Supreme Court did not talk much about electronic discovery and instead based its decision on whether the 4th Amendment was violated.
Go to PodcastLocal E-Discovery Tools
This show talks about “Friends of E-Discovery” as a local tool to foster best local practices when tackling E-Discovery issues. At these meetings, local lawyers from in-house and outside law firms show up and confidentially discuss their issues and ideas on how to better handle records management, legal holds, and e-discovery.
Go to PodcastAssociates’ Perspectives On Supporting Electronic Discovery Matters
This was a very interesting show from a perspective not covered at most e-discovery conferences. Yet for law firm management, understanding your resources and how to attack the management of electronic discovery matters is of huge importance.
Go to PodcastThe Truth about Metadata
We explore more deeply the burdens metadata productions place on defendants, how much metadata can improve review process instead of leading to a smoking gun piece of evidence (which is fairly rare), and other thoughts in this area. Metadata is like the DNA of electronic files. Find out more how it fits into the e-discovery process by listening to the show.
Go to PodcastThe Legal Hold Battle
In this podcast, we talk about what really goes through the minds of outside and in-house counsel when it comes time to implement a legal hold and preserve ESI. A recent informal survey of practicing E-Discovery attorneys and in-house attorneys revealed there might be some differences of opinion on how involved a legal hold should be.
Go to PodcastAn Overview of Privacy Laws and ESI
Learn about the changing landscape of privacy laws involving ESI including social media, company owned hardware, email accounts, company owned PDA’s and other areas where employees blur the line between professional life and personal life.
Go to PodcastE-Discovery Lawyers Training Other Lawyers
Three different E-Discovery lawyers from three different types of law firms join us to discuss how they interact and “coach” other lawyers in their firm on the nuances of E-Discovery.
Go to PodcastCan You Do E-Discovery By Yourself?
DIY is a theme which emerged in the recent show on E-Discovery process. This is a short show but we consider the topic as a real ESI “Bite” of ESIBytes.
Go to PodcastBuilding E-Discovery Work Flow
The topic for discussion in this podcast is how to create an E-Discovery process. Individual components will be discussed as well as the challenges of building process in the middle of a case.
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