Discovery Resources

by Conrad J. Jacoby, Esq.

Harvesting electronically stored information (“ESI”) using forensically sound collection techniques is a slow—sometimes painfully slow—process.  Clients and lawyers alike are strongly tempted to find alternate methods for collecting potentially relevant data, both to move discovery ahead more quickly and also to reduce the hourly charges incurred by collection teams.  After continue…

by Conrad Jacoby

As has been made explicitly clear in the Federal Rules of Civil Procedure, relevant information is potentially discoverable, regardless of where and how it has been stored.  As a consequence, traditional definitions of “document” no longer match real life, since relevant information may be as likely to be stored in a database continue…

by Conrad Jacoby, Esq.

The cost of reviewing discovery document collections for relevance and privilege dwarfs just about every other segment of the litigation fact discovery process.  Taking depositions?  They consume almost no time compared to the effort required to review the average document collection.  Expensive expert witnesses?  Except in highly specialized situations, expert work, continue…

by Conrad Jacoby

Preservation is the foundation for effective management of discovery materials—hardcopy and electronic alike.  After all, documents that are not preserved cannot be examined for potential relevance.  Courts routinely punish parties that have failed to preserve potentially relevant evidence—even though, as a statistical matter, it’s overwhelmingly likely that documents within an organization are continue…

by Dennis Kiker, Esq., Director, Fios Consulting, Fios, Inc.

On September 8, 2008, the U.S. House of Representatives passed Senate Bill 2450 without amendments, which adds Rule 502 to the Federal Rules of Evidence. The bill was approved by the Senate way back in February (who says Congress doesn’t act quickly?), and President Bush has continue…