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Using e-Discovery Technology to Avoid Inadvertent Disclosure

TASA ID: 4285

There have been many articles written on the topic of inadvertent disclosure of privileged information  in litigation, but in Legal Support Partners (LSP) and TASA’s practice of providing e-Discovery services, there are still mistakes being made in how technology is used (or not) in the identification of privileged documents in electronically stored information (ESI). For this reason, it might be helpful to describe some of the e-Discovery tools that can be leveraged to identify privileged communication within a company’s ESI collection to reduce the risk of inadvertent disclosure . . .

6 Practical Search Lessons Learned from I-Med Pharma, Inc.

TASA ID: 4285

Within the last year, there have been many decisions from the bench providing guidance on the handling of electronically stored information (ESI).  One particular case that stands out is I-Med Pharma, Inc.  v.  Biomatrix, Inc., No. 03-3677 (DRD), 2011 WL 6140658 (D.N.J. Dec. 9, 2011) which will be referred to here as simply the I-Med Pharma case.

In this specific case, the United States District Court for the District of New Jersey reached a decision affirming a prior judgment by Magistrate Judge Michael Shipp. The defendant appealed the original decision by Judge Shipp not to force the plaintiff to search and review an estimated 95 million pages of records found in the unallocated space on its computer systems using keyword search terms previously agreed upon by both parties.

The Three Things You MUST Do Before Starting Your ESI Review

TASA ID: 4285

Even the seemingly simplest document reviews can get derailed without proper preparation. It is important to keep in mind that although e-Discovery can be intimidating, it still has a basis in the standard practices of the discovery itself. The potential difficulties that can arise when adding ESI to the mix can be prevented through the application of a systematic process.
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