The Sedona Conference working paper on E-Discovery of Inaccessible Information
July 28th, 2008 Filed Under E-discovery, legal news
Recently the Sedona Conference, of which this writer is a member, released its working paper titled Preservation, Management and Identification of Sources of information that are Not Reasonably Accessible. A summary of the guidlines are as follows:
Guideline 1. Where litigation is anticipated but no plaintiff has emerged or otehr considerations make it impossible to initiate a dialogue, the producing party make preservation decisionsby a process conforming to that set forth here.
Guideline 2. As soon as feasible, preservation issues should be openly and coopertatively discussed in sufficient detail so that parties can reach mutually satisfactory accomodation and also evaluate the need, if any, to seek court or assistance.
Guideline 3. In conjunction with the initial discussions or where appropriate in response to discovery request requests, parties should clearly identify the inaccessible sources reasonably related to the discovery or claims which are not being searched or preserved.
Guideline 4. A party should exercise caution when it decides for business reasons to move potentially discoverable information subject to a preservation duty from accessible to less accessible data stores.
Guideline 5. It is acceptable practice, in the absence of an applicable preservation duty, for entities to manage their information in a way that minimizes accumulations of inaccessible data, provided that adequate provisions are made to accomodate preservation imperatives.
See PDF version of guidelines here.
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Judge Paul Grimm Gives Guidance on How to Conduct keyword searches
July 17th, 2008 Filed Under E-discovery, legal news
Recently Judge Paul Grimm provided some insight as to the best way to conduct keyword searches. In Victor Stanley, Inc. v. Creative Pipe, Inc., 2008 WL 2221841 identifies the primary issues in e-discovery and how to comply with the legal demands of your case without being over or under inclusive in the process. The two approaches suggested by Judge Grimm are to use a “collaborative” approach or a “best practices” approach. The “collaborative approach” involves both parties agreeing to a search methodology and its implementation. The second is the “best practices” approach advocated by the Sedona Conference where both parties demonstrate that they have taken reasonable measures to reduce over and under production errors.
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