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E-DISCOVERY IN LAWFIRMS AND LAWDEPARTMENTSLLAGNY 75th AnniversaryEducation ConferenceMark DesiertoVenable LLPmdesierto@venable.com
Agenda Overview of e-discovery E-discovery in law firms Law firm 2020: Opportunities for librariansand knowledge management professionals
Agenda Overview of e-discovery E-discovery in law firms Law firm 2020: Opportunities for librariansand knowledge management professionals
E-discoveryThe identification, collection and productionof electronically stored information (ESI) inresponse to a civil litigation or investigation.
Electronically stored information email text messages word processing instant message documentsdatabasesweb pagesspreadsheetsimage filesconversations social media audio files voice mail
Landmark e-discovery cases
Landmark e-discovery casesOliver North Email documenting ofmeetings with ManuelNoriegaFrom United States v. Oliver L. North, Office of the Independent Counsel (OIC) Papers, National Archives & Records Administration,College Park, Maryland.
Landmark e-discovery casesZubulake v. UBSWarburg (2003-2005) Gender discriminationcase Jury instructed to “inferthat the [missing]evidence would havebeen unfavorable toUBS”
Landmark e-discovery casesLorraine v. MarkelAmerican InsuranceCompany (2007) Insurance arbitrationagreement 100-page opinionestablishing baselinefor admissibility of ESI
Landmark e-discovery casesQualcomm (2008-2010) Patent infringement, duty to disclosepatents Qualcomm had hidden over 46,000 emails “Monumental” discovery violations Six attorneys sanctioned
Landmark e-discovery casesVictor Stanley, Inc. v.Creative Pipe, Inc.(2010) Unfair competition Defendant presidentattempted to deleteover 5,000 files
Landmark e-discovery casesGreen v. Blitz (2011) Product liability/wrongful death ‘Dangers of self collection’
Landmark e-discovery casesMoore v. CITGO (2013) Plaintiffs sued for overtime pay under FairLabor Standards Act Plaintiffs defied the judge's order bydestroying or failing to preserve materialsdetailing their job duties and work hours
Rules and concepts
Rules and conceptsFederal Rules of Civil Procedure (FRCP) Rules 26 through 37 generally govern ediscovery Most states have rules based on FRCP A dozen states have or are developing ownmodels for e-discovery
Rules and conceptsProportionality “Parties may obtain discovery regarding anynon-privileged matter that is relevant to anyparty’s claim or defense and proportional tothe needs of the case considering the amountin controversy, the importance of the issues atstake in the action, the parties’ resources, theimportance of the discovery in resolving theissues, and whether the burden or expense ofthe proposed discovery outweighs its likelybenefit.” FRCP Rule 26(b)(1)
Rules and conceptsCooperation “secure the just, speedy, and inexpensivedetermination of every action andproceeding.” FRCP Rule 1
Electronic Discovery Reference Model
Electronic Discovery Reference Model
Electronic Discovery Reference Model
Electronic Discovery Reference Model
Electronic Discovery Reference Model
Electronic Discovery Reference Model
Electronic Discovery Reference Model
Agenda Overview of e-discovery E-discovery in law firms Law firm 2020: Opportunities for librariansand knowledge management professionals
E-discovery market and trends Growing number of published discoverydecisions Evolving technology to collect, process,and review ESI Corporate efforts to manage records moreeffectively in response to new compliancerequirements and the prior two trends.
E-discovery market and trends 1.7 billion in 2013 Projected 2.9 billion by 2017“Magic Quadrant for E-Discovery Software” - Gartner
E-discovery market and trends“Magic Quadrant for E-Discovery Software” - Gartner
Law firm e-discovery services Counseling/consultative services 30% of AmLaw 200 requested to assist clients withinformation governance prior to discovery process Project management Case assessment Data storage for e-discovery dataCowen Group “2012 Second Annual Litigation SupportModels and Structures Report”
Law firm e-discovery services Cross border e-discovery Obtaining, reviewing and producing documents fromservers across the globe Remote review of foreign documents Collecting responsive documents fromdesktop computers at large organizations Forensic examination of laptops forevidence of intentional data erasureCowen Group “2012 Second Annual Litigation SupportModels and Structures Report”
Law firm e-discovery services Privilege review Document retention advice Compliance review Sarbanes-Oxley Hart-Scott-Rodino E-discovery attorneysCowen Group “2012 Second Annual Litigation SupportModels and Structures Report”
Alternative fee arrangements End-to-end pricing Incentive-based pricing
Agenda Overview of e-discovery E-discovery in law firms Law firm 2020: Opportunities for librariansand knowledge management professionals
Librarians and KM professionals Librarianship Search Digital archiving Digital resourcemanagement Automation Records management Project management Metadata Reporting E-discovery Review Retention Data mapping Production Records management Project management Enterprise software Metadata
Legal search science Technology-assisted review Multi-modal review
Information governance Strategic governance Creation Retention Storage ½ of Am Law 200 firms have e-discovery/informationgovernance committeeCowen Group “2012 Second Annual Litigation SupportModels and Structures Report”
E-DISCOVERY IN LAWFIRMS AND LAWDEPARTMENTSLLAGNY 75th AnniversaryEducation ConferenceMark DesiertoVenable LLPmdesierto@venable.com
“Magic Quadrant for E-Discovery Software” - Gartner . E-discovery market and trends “Magic Quadrant for E-Discovery Software” - Gartner . Law firm e-discovery services
