Making Defensible eDiscovery Decisions

Published Thu, March 17, 2011 by Debora Motyka Jones, Esq.

When dealing with discovery, there is a need to find the right balance between collecting all the potentially relevant data in the universe and the cost to do so. But, how does one do that while complying one’s discovery obligations? In general, you need to show good faith that you preserved relevant evidence. Moreover, FRCP 37(c)(1) requires substantial justification for “non-compliance” with FRCP 26 production obligations. Therefore, when defending a motion for sanctions, you need to be able to show the reasoning behind why an item was...

Studies on Software Retrieval

Published Wed, March 09, 2011 by Debora Motyka Jones, Esq.

Ever wondered what research is being done on the plethora of tools in the ediscovery space?  In my last post, I alluded to a study in my quote from Judge Grimm’s opinion in Victor Stanley. He was referring to the Text Retrieval Conference (TREC) Legal Track administered by the US National Institute of Standards (NIST). This is an interesting program that facilitates research on the effectiveness of search methodologies. A variety of methods have been tested including Boolean queries and statistical analysis of terms across a set of data.

Leveraging Software to Save Money and How to Convince a Judge it is OK

Published Wed, March 09, 2011 by Debora Motyka Jones, Esq.

For years, legal software companies have been trying to figure out how to help lawyers quickly and efficiently find the needle in the discovery haystack.

Native Productions

Can They Be Successfully Accomplished?

Published Fri, March 04, 2011 by Debora Motyka Jones, Esq.

I speak about cost mitigation strategies in ediscovery several times a year so it is no surprise I am a big proponent of producing documents natively. If you can skip, or limit, imaging documents, you are saving yourself a significant amount of money. I recognize that in certain cases, a native production is not appropriate (e.g. where excel formulas are proprietary). But where possible, counsel should at least consider producing all documents natively.  How do you do that?

Relativity Pivot as a Review Quality Control Measure

Published Fri, May 28, 2010 by Debora Motyka Jones, Esq.

Following up on my last few blogs, you can also create various charts in Pivot to show you what your reviewers are doing, including how they are tagging documents, and quickly identify any possible quality issues. As you can see below, you can use Pivot’s bar graph capabilities to identify that one reviewer is disproportionately tagging documents as “Not Responsive.” You can link to the documents he or she has tagged as non-responsive to take a closer look and find out whether it is a quality issue, or merely that they have received several...

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Lighthouse’s Illuminating eDiscovery Blog features thought leadership pieces ranging from simple tips and tricks and industry event takeaways, to case law changes and ediscovery standards. These pieces are developed by technology and legal experts and focused on providing readers with practical tips that  they can put in place in their professional lives.