E-discovery field guide ways to make small money bernstein shur law firm

No matter the forum or subject matter, litigation is often expensive, time-consuming, disruptive, and stressful. One significant part of the litigation process that has become ways to make small money increasingly daunting in recent years is discovery—that is, the formal process of exchanging information between parties to a ways to make small money lawsuit. Discovery, which not too long ago centered on paper documents, has evolved into something completely different today, in large part because of the explosion of new data ways to make small money and new technology.

For example, according to some estimates, more than 90% of all data in the world was created after 2015, and the statistics for average daily data usage in 2017 ways to make small money alone are staggering: 5.2 billion google searches, 4.3 billion facebook messages, 269 billion emails, and 22 billion text messages each day. To live in today’s world is to constantly create and consume electronic data. And much of that electronically stored information, or ESI, has become increasingly important in litigation. Litigants and their attorneys must look to where the evidence ways to make small money is, and that requires consideration of novel and challenging issues relating ways to make small money to ESI and electronic discovery, or “e-discovery,” including questions about how to identify, collect, process, review, and produce ESI.

Through a series of articles, the bernstein shur E-discovery field guide will tackle the e-discovery issues that individuals, businesses, and attorneys may encounter in modern state and federal court ways to make small money litigation, including topics such as new developments in e-discovery rules, case management and controlling ballooning e-discovery costs, e-discovery tools for small businesses and small law firms, document preservation practices and litigation holds, technology assisted review and artificial intelligence, using ESI search terms, new sources of ESI, confidentiality and the attorney-client privilege, and much more.

Discovery, in its broadest sense, refers to the process of parties in litigation exchanging information ways to make small money through various mechanisms, such as interrogatories, document productions, and depositions. E-discovery is one aspect of the larger discovery process, and it refers to the identification, collection, processing, review, and production of electronically stored information.

Given the continued proliferation of ESI, e-discovery has become a permanent fixture of modern litigation. From employment disputes and personal injury lawsuits to small or ways to make small money large commercial disputes to class action litigation, it is hard to imagine any case today that does ways to make small money not include at least some ESI and e-discovery. Indeed, nearly all businesses use e-mail, create word and excel documents, compile accounting data, and maintain a website and social media presence. And individuals of all ages will send e-mails or text messages, or participate in social media, creating their own ESI trail. All of this data falls under the umbrella of ESI ways to make small money and may be subject to discovery depending on the scope ways to make small money and needs of the case.

For these reasons, e-discovery knowledge is more important than ever for parties and ways to make small money attorneys. E-discovery also is closely linked with broader information governance practices ways to make small money and being “litigation ready,” which includes having systems in place for organizing, preserving, and collecting electronic data when litigation needs may arise. And while some discovery costs always are inevitable, a comprehensive e-discovery plan that leverages available technology is the best solution ways to make small money for a cost-effective litigation strategy that wins the day. Trends to watch in 2018

Many cases, particularly in maine, do not lend themselves to applying the full suite of ways to make small money exotic e-discovery technology because the costs of e-discovery would quickly overtake the amount of money at stake ways to make small money in the case. This is particularly true given the continued pressure on law ways to make small money firms and businesses to reduce litigation costs. But as technology improves and costs decrease, cases of all sizes may benefit from implementing new e-discovery tools. Such technology might include forensic data collection and analysis to ways to make small money efficiently and thoroughly compile ESI, or analytical software, artificial intelligence, and predictive coding programing to take on tasks previously performed ways to make small money manually (such as sorting responsive and non-responsive documents, screening for privilege and work product, or identifying key documents for the case). Law firms and businesses of all sizes should continue to ways to make small money explore e-discovery technology and how it can be leveraged for their ways to make small money cases.

The expanded use of social media platforms, mobile messaging applications, “chat” programs (slack, jabber, instant bloomberg), and other technologies will continue to create new forms of ways to make small money ESI, including some that may pose challenging collection, deletion, access, and review formatting issues. (for example, snapchat and other “ephemeral” messaging applications may regularly destroy data, making preservation near impossible.) parties must understand how these platforms are used and how ways to make small money the data should be handled during discovery. Another related e-discovery issue is a shift towards cloud-based storage (dropbox, box, microsoft onedrive, google drive, apple icloud), where e-mails, documents, and data may be hosted by third parties. Cloud-based storage can make even finding data for litigation a ways to make small money challenge, let alone issues of preserving and accessing data hosted by ways to make small money a cloud provider. It no longer may be enough to search a company ways to make small money server, a “my documents” folder on a computer, or a file cabinet for records. Clients and attorneys must keep up with these complex issues ways to make small money to comply with their discovery obligations.

Following amendment to federal rule of civil procedure 26 in ways to make small money 2015, courts and attorneys have grappled with the new rules, including clarification about the “proportionality” language in rule 26(b)(1) and the requirements for responding to document requests. As more opinions are issued and experience develops, the law and discovery practices will continue to evolve, and courts may crackdown even more tightly on discovery violations. It also will be interesting to watch whether more states ways to make small money adopt procedural rules in line with the revised federal rules, and how such rules are enforced by state courts.

As procedural rules change and e-discovery technology evolves, court management of the e-discovery process will be another hot topic to watch for ways to make small money in 2018. In particular, it will be interesting to see if more courts play ways to make small money an increasingly active role in overseeing e-discovery issues, such as mandating ESI protocols early in a case. Another case management trend might be a push towards “phased discovery,” where initial discovery is limited to key preliminary issues that ways to make small money may resolve (or at least narrow) the case before broader, more expensive discovery occurs. At the same time, litigants are expected to face growing pressure to collaborate early ways to make small money in cases regarding e-discovery issues, such as what data sources are subject to discovery, ESI search terms, and production specifications. E-discovery is an active process; sitting on the sidelines will not suffice.

RELATED POSTS