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  • Maureen O'Neill
    by Maureen O'Neill
    October 22, 2014

    The SEC Announces Record-Setting Enforcement Actions in 2014

    Earlier this week the Securities and Exchange Commission announced that, for the fiscal year ending in September 2014, the agency filed a record-setting 755 enforcement actions. In this regulatory environment, virtually every corporation faces the risk of an enforcement action by the SEC, and the onerous e-discovery burdens often imposed by those actions.

  • Maureen O'Neill
    by Maureen O'Neill
    September 26, 2014

    U.S. Tax Court Takes the Nike Approach to Predictive Coding: JUST DO IT.

    Last week in Dynamo Holdings et al. v. Comm’r of Internal Revenue, 143 T.C. No. 9, the U.S. Tax Court became the latest court to approve the use of predictive coding in litigation. The scenario addressed by Judge Buch has become familiar: Faced with the review of a large volume of documents for potential production, the producing party (Dynamo) sought to use predictive coding to identify responsive documents; the requesting party (the IRS) opposed the approach.

  • Maureen O'Neill
    by Maureen O'Neill
    September 13, 2014

    Good Information Governance: Streamlining E-Discovery Preservation and Collection

    In a previous post here on the DiscoverReady blog, I began to explore information governance, or “IG.” I offered up a definition of information governance, explained why it’s a hot topic right now, and addressed the interplay between IG and other related topics such as big data and data privacy. I also promised an ongoing discussion of how a good information governance program can improve e-discovery efforts – and how a strategic e-discovery program can add value to information governance.

  • Maureen O'Neill
    by Maureen O'Neill
    August 25, 2014

    Switching Your E-Discovery Horse Midstream – Can You Jump on a Predictive Coding Pony?

    In the last few months, two different federal courts considered similar discovery scenarios, but reached opposite conclusions about how discovery should proceed. The parties agreed to a discovery plan that did not include the use of predictive coding. But after wading into discovery, the producing party realized that, in light of the volume of documents to be reviewed and the burden of conducting review with traditional methods, predicting coding could be worthwhile.

  • Maureen O'Neill
    by Maureen O'Neill
    July 26, 2014

    In Pursuit of Better Privilege Logs – In the Empire State and Beyond

    As most litigants are painfully aware, document review – even when managed efficiently and cost-effectively – often is the most expensive component of discovery. And in many cases the “second-pass” review of relevant documents for privilege, and the capture of information about privileged documents for the privilege log, becomes the most costly aspect of document review.