1. The Need for Practical E-Discovery Standards
(Blog/Blog)

... Standards to provide members and electronic discovery vendors best-practices guidance in the identification, extraction, preservation, processing, search, review and production of electronically stored ...

2. E-Discovery Principles Applied to WA Public Records Act
(Blog/Blog)

... requirements under the PRA are liberally construed. RCW 42.56.550(3). Over the years, adoption of technology by governmental agencies has exponentially increased the kinds of public records stored in ...

3. Clawback Agreements in the Wake of FRE 502
(Blog/Blog)

... stored information (ESI): [H]ow properly to conduct Rule 34 discovery within a reasonable pretrial schedule, while concomitantly insuring that requesting parties receive appropriate discovery, and ...

4. Hi ho, Hi ho, Off to Mine for Metadata We Go…
(Blog/Blog)

... agreement to protect against the inadvertent production of evidence. Charles T. Tsuji is an attorney and electronically stored information consultant at Blank Law + Technology PS. He ...

5. Preaching: Prompt & Cheap ESI Preservation
(Blog/Blog)

President Theodore Roosevelt had his bully pulpit. This blog is mine. Here I go again preaching that reasonable steps to preserve potentially relevant electronically stored information (ESI) must be ...

6. Early Case Assessment Is Too Late
(Blog/Blog)

... legal allegations and probable defenses, the likely sources of electronic discovery and the most efficient means of preserving electronically stored information (ESI) for production later in the case. ...

7. Big Fish, Little Fish, We’re All in the Same E-Discovery Waters
(Blog/Blog)

... Relevant electronic data can be stored anywhere. Attorneys must take the necessary steps to educate themselves about their client’s electronic data systems, regardless of whether their client is a large ...

8. The Trouble with Tweets
(Blog/Blog)

... impossible) to prove the fact of alteration.   Fourth, court rules and precedent on authenticity and admissibility of electronically stored information (ESI) are nascent at best. This means that ...

9. The Rising Tide of E-Discovery Specialists
(Blog/Blog)

... volume of information stored in a file cabinet is no match for a pocket-sized data-storage device, he says. The firm, however, outsources some of its more complex discovery requests, where the sheer amount ...

10. Tweets Are Evidence, So Just Deal With It
(Blog/Blog)

... too many companies today choose to stick their heads in the sand. They take a fairly obtuse approach to disclosing electronically stored information (ESI) related to social networking sites like Twitter, ...

11. Encryption is the Key
(Blog/Blog)

... electronically stored information consultant at Blank Law + Technology PS. He provides advice to clients to ensure that sources of electronic documents are properly identified, preserved and collected. ...

12. The Vanishing Point
(Blog/Blog)

... give users control over the lifetime of personal data stored on the Web or in the cloud. Specifically, all copies of Vanish encrypted data – even archived or cached copies – will become permanently unreadable ...

13. From E-Discovery to E-Evidence
(Blog/Blog)

... stored information (ESI) from e-discovery may not be regarded as authentic e-evidence without a fight. For illustration, let’s consider a hypothetical lawsuit between two fictional companies made famous ...

14. Concept Searching: What a Concept!
(Blog/Blog)

... for attorneys and litigation support personnel to effectively search massive stores of electronically stored information (ESI) for data potentially relevant to litigation. As a result, the use of so-called ...

15. Yankee Doodle Dandy: Leave the FRCP Alone
(Blog/Blog)

... of electronically stored information (ESI). The proposed changes are all over the map. Some call for a return to fact-based pleading. Others call for a cost-shifting model closer to the United Kingdom, ...

16. Washington State Bar Mulls ESI Rule Changes
(Blog/Blog)

Washington state case law is sparse when it comes to the topic of electronically stored information (ESI). To shed some light on the subject, the Washington State Bar Association is reviewing a proposal ...

17. Webmail: When Private Isn't Really Private
(Blog/Blog)

... while Webmail account data is stored primarily on the servers of the particular service provider, accessing Webmail at work can cause all sorts of data, including email text, to be saved on the employees’ ...

18. Awash in a Sea of Data
(Blog/Blog)

... storage space can hold approximately 100,000 emails. A standard employee, working with average amounts of email, could have up to 5 gigabytes of email stored on a workstation or Exchange server. In this ...

19. Preserving Old Employee Data is Critical
(Blog/Blog)

... copy of the hard drive should be created and stored on a CD or some other media. This ensures that the activity logs related to the former employee’s computer usage are preserved. Let’s add a wrinkle ...

20. Put on Notice: The Litigation Hold
(Blog/Blog)

Each day, billions of new emails, word processing documents and spreadsheets are created by organizations large and small. Likewise, vast amounts of electronically stored information (ESI) are destroyed ...