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Full-Text Articles in Law
Law In The Age Of Exabytes: Some Further Thoughts On ‘Information Inflation’ And Current Issues In E-Discovery Search, Jason R. Baron
Law In The Age Of Exabytes: Some Further Thoughts On ‘Information Inflation’ And Current Issues In E-Discovery Search, Jason R. Baron
Richmond Journal of Law & Technology
In 2007, in the pages of this Journal, George L. Paul and I posed a question to the legal profession at large, to wit: can the legal system adapt to the new reality of an era of rapid inflation in the amount of electronically stored information (ESI) at issue in civil litigation? After surveying the history of technological innovation that led to an explosion of new data, we proceeded to discuss various legal strategies for success in our current inflationary epoch. These strategies included: consideration of new and emerging ways in which to think about search and information retrieval in …
The Expanding Duties Of Esi And In-House Counsel: Providing Defensible Preservation And Production Efforts After Swofford V. Eslinger, David W. Degnan
The Expanding Duties Of Esi And In-House Counsel: Providing Defensible Preservation And Production Efforts After Swofford V. Eslinger, David W. Degnan
Richmond Journal of Law & Technology
As a general rule, companies and government agencies should plan for preservation and production before litigation is probable. This means having a document retention program. These programs ensure that documents are retained or deleted in an orderly fashion. If a company properly follows its policies and procedures, this retention program acts as a “shield” against the incomplete preservation of relevant (or “hot”) documents deleted before the proper initiation of a litigation hold. If parties do not follow, or inconsistently follow, such a program, they might have to explain what happened to a missing relevant document. Thus, a retention program might …
Using Keyword Search Terms In E-Discovery And How They Relate To Issues Of Responsiveness, Privilege, Evidence Standards, And Rube Goldberg, Gregory L. Fordham
Using Keyword Search Terms In E-Discovery And How They Relate To Issues Of Responsiveness, Privilege, Evidence Standards, And Rube Goldberg, Gregory L. Fordham
Richmond Journal of Law & Technology
The emergence of digital evidence and the widespread implementation of e-discovery has brought both benefit and repercussion. In many respects, digital evidence has proven to be a better truth detector than its paper counterpart. At the same time, the volumes in which digital evidence exists make time-tested discovery techniques impractical. In fact, so significant are the technological differences between paper and digital evidence that even the handling procedures require considerable overhaul.