On August 3, 2015, ediscovery SAAS provider Logikcull unveiled the first all-inclusive, flat rate pricing plans in the ediscovery industry. I interviewed Logikcull’s CEO, Andy Wilson, about his company and its business model. What follows is an abridged version of that interview, vetted by Andy for accuracy. Continue reading
In his most recent book, Harvard Law Professor Yochai Benkler surveys the sciences to summarize our current knowledge about what maximizes cooperation. Yochai Benkler, The Penguin and the Leviathan (1st ed. 2011). Continue reading
A new model of conflict resolution is gaining ground in our culture. It’s based on the idea of cooperatively restoring equilibrium instead of beating the other guy to death. Continue reading
This article is about how H5‘s rules-based approach to technology-assisted review provides a great framework for illustrating cooperation in ediscovery. But first, some context.
By this time next year, Rule 1 of the Federal Rules of Civil Procedure will have been amended to codify the principles of proportionality and cooperation between opposing counsel. Continue reading
In any case where emails between the parties will be discoverable, the parties should collect and jointly analyze the emails between them, before the initial scheduling conference, in order to agree on an efficient and proportional ediscovery plan and to attempt early resolution.
And what do you do when it’s not?
Drag and drop only copies very limited metadata, although it may be enough in some cases. Continue reading
Ralph Losey reviews Judge Paul Grimm’s revolutionary model ediscovery protocol order here. Under Judge Grimm’s protocol, parties first produce admissible evidence and only later produce matter “reasonably calculated.”
Judge Grimm is using his discretion to effectively rewrite the Federal Rules to harness the efficiencies that electronic discovery can provide and that proportionality requires. If his method proves out (as I believe it will, at least in larger cases) it will completely transform discovery.
Please take a look at Craig Ball’s informative blog post on deduplication and my comment. Craig explains why deduplication isn’t more widely used even though it makes ediscovery faster and cheaper, and he describes the main methods of deduplication. I add my view that reasonable counsel should agree on a bilateral deduplication method before any deduplication is done, and I include a few considerations about how counsel should use proportionality to determine what method is appropriate under the circumstances.