Stipulations for Discovery of ESI: America’s Next Top Model

In federal court—and in most state courts—parties must meet and confer at the beginning of the litigation to discuss various case management issues, and hopefully reach stipulated agreements about those issues. The discussions must address the discovery of electronically stored information, a subject that in too many cases causes needless amounts of disagreement, delay, expense, and overall angst among the litigants and counsel. Why is the negotiation of ESI stipulations so difficult?

Dispelling E-Discovery Myths: Some Advice For Junior Litigators

I recently collaborated with my colleague Amy Hinzmann on an article for the American Bar Association Securities Litigation Section Newsletter, where Amy uses a hypothetical e-discovery project as a teaching tool to help junior-level litigators better understand how to execute a high-volume, quick-turn e-discovery project, and to accomplish the work on time, at a reasonable cost, and with high quality. If you’re a junior lawyer, or inexperienced with e-discovery services and projects, please read on...

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.


It’s the Most Wonderful Time of the Year – For Doing Document Review Better

It’s December 23, and you haven’t finished your Christmas shopping. You know what that means. Your stress level is about to go way up, as you fight the crowds in the stores and on the streets. Don’t worry, I’m not judging you for your holiday shopping habits. . . But please, litigants, don’t treat document review you like you do your Christmas shopping.


Document Review Decision Logs: Maximize the Value of this Simple Project Management Tool

Nick Milton, who writes an informative blog about knowledge management, posted a short piece recently on the effective use of decision logs in project management.  Because decision logs are a standard practice in all DiscoverReady-managed reviews, I read his post with an eye to whether we could improve or expand on our decision logging practices. I’m pleased to report that we seem to be in sync with Nick.