Our “Top 20 … plus more”, a snapshot of interesting blog posts, and views on electronic discovery related issues and other tech developments from the past week.   Sponsored by Applied Discovery.

For those of you online Christmas week, you might recall my soapbox introduction to the December 23rd Snapshot, an ode to the Applied Discovery–ACC Partnership and the ACC Value Challenge. This week, The Metropolitan Corporate Counsel published my article providing advice for in-house counsel get more bang for their buck through the ACC Challenge, from setting clear budget expectations and requesting flexible billing structures to seeking providers with proven project management prowess and efficient review technology. It’s a useful read (if I do say so myself) for those looking to lower the costs and time involved in a typical discovery process.

Also this week, to start the new year: we’re thrilled to showcase findings from an Applied Discovery e-discovery training session for associates in December 2010 that set the stage for successful review processes for our clients in 2011.

As always, we hope you enjoy our content and welcome your feedback.

This Week in E-Discovery News

• Taking The Value Challenge Beyond Law Firms And Clients: Making Your Electronic Discovery Providers Step Up by Jon Resnick
• What Inquiring Associates Want to Know About Managing Discovery by Virginia Henschel
• The Paperless Office by Jeff Shuey
• Ethical Issues in E-Discovery with Sharon D. Nelson, Esq.. and John W. Simek (Podcast)
• E-Discovery Roundtable with Anthony Knaapen, Jim Maroulis, and Randall Burrows
• Computerized E-Discovery Document Review is Accurate and Defensible by Michael Kozubek
• Judges and Automated Coding Tools for Electronic Discovery by Chris Dale
• The Merger: Litigation Holds & Search Terms by Joshua Gilliland, Esq.
• Recognizing the Complexities of E-Discovery Preservation by G. Franklin McKnight IV, Kymberly Kochis and John F. Mullen Sr.
• Analysis of eDiscovery Ownership Issues by Barry Murphy
• Appeals Court Delivers Significant Email Privacy Ruling by Charles Nguyen
• Ninth Circuit Orders Enforcement of Grand Jury Subpoena by Chadbourne & Parke LLP (PDF)
• Article 29 Working Party Opinion 8/2010 on Applicable Law, Article 4 (1) EU Directive 95/46/EC and Smartphone Apps by Monique Altheim
• Welcome Wisconsin! E-Discovery Amendments Become Effective January 1, 2011 by K&L Gates
• Who Pays for E-Discovery in New York? ‘It Depends’ by Mark A. Berman
• New York Courts Address ESI Inconsistencies at State and Federal Level: An Erie Solution? by Thomas R. DeSimone
• Taming e-discovery Anxiety by Dera J. Nevin
• E-Discovery to Serve the Small Litigant by Jane Politz Brandt and Danny Thankachan
• Yes, E-Mail Snooping On A Spouse Is Usually A Crime by Sharon D. Nelson, Esq.
• Discovery Of Social Networking Sites by Michael Goodfried and Martha Dawson
• eDiscovery Case Law: Crispin v. Christian Audigier Inc. by Doug Austin
• Ohio Judges Permitted to Have Facebook Friends by Sharon Nelson Esq.
• Overcoming Reasonable Expectation Of Privacy Rights To Discover Postings On Social Networking Sites by Eric L. Probst
• Effective e-Discovery on a Small-Firm Budget by Austin Maddox
• Different Approaches to Cost Shifting in New York and Federal Courts for Production of Inaccessible ESI by Paul A. Saso
• ESI Does Not Have to Be Labeled to Correspond to Individual Requests by Joseph Valentine
• Phasing the Review and Production of ESI: A Measured Approach by Susan Ardisson, Esq. (PDF)
• EDDE JOURNAL: A Publication of the E-Discovery and Digital Evidence Committee ABA Section of Science & Technology Law by Timothy Reiniger, Richard Hansberger, Christina Zachariasen, Nick Brestoff, & Steven W. Teppler (PDF)
• Basic Steps In E-discovery Preparation: Creating The Team And Knowing When To Pull The Trigger by Mark L. Austrian and Martin Krolewski
• A Look Back at e-Discovery in 2010 Pt 3 by Discovery Resources
• Case Report – Court Says Duty To Preserve Doesn’t Spring From Mere Happening Of Adverse Event by Dan Michaluk
• Cyber Law School in e-Discovery is Now Open! by Ralph Losey

• eDiscovery and Pushing IT to the LimIT by William Belt
• How to Select Legal Holds Software: Five Considerations for IT by Deidre Paknad
• eDiscovery and Unified Archive Repositories by Christine Taylor
• Records Management Evolves To Information Governance by Gordon Hoke
• eDiscoveryJournal Reflects on The Year 2010 by Barry Murphy
• Richard Susskind’s Law Firm Technology Predictions For 2011 by Chris Dale
• Let The Sun Shine On E-discovery by Bridget Mintz Testa
• The Do’s and Don’ts of Cloud Contracts by Rick Bortnick and Nicole Moody
• Cloud Computing: eDiscovery and the Cloud Don’t Mix Well — At Least Not Yet by Dick Weisinger
• What You Need To Know About The Year Of The Cloud by Eric Knorr
• VMWare To Virtualize Android Smartphones For Business Users by Jon Brodkin

One of the ways you can learn about e-discovery and all the technology out there is by going to a conference near you.   Most offer free admission to the exhibit hall (those that have exhibit halls) where you can meet technology vendors, collect information, see the technology at work behind e-discovery, etc.   

• Law Bulletin: Illinois Evidence Seminar
  January 18, 2011
  Chicago, IL
• The Osgoode Short Course in Obtaining, Producing and Presenting Electronic Evidence
  January 25-25, 2011
  Toronto, ON
• ALM: LegalTech New York
  January 31 – February 2, 2011
  New York, NY

To learn more about Applied Discovery and their multinational collection, analytics, processing, review, and production services for law firms, corporations, and government entities engaged in audits, investigations, and litigation, please contact us and we will respond to your request immediately. 

For our past “Top 20 …plus more” click here.

For questions, comments and suggestions you can always email us at: manager@theposselist.com.