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Sampling: Making Electronic Discovery More Cost Effective, Milton Luoma, Vicki Luoma
Sampling: Making Electronic Discovery More Cost Effective, Milton Luoma, Vicki Luoma
Journal of Digital Forensics, Security and Law
With the huge volumes of electronic data subject to discovery in virtually every instance of litigation, time and costs of conducting discovery have become exceedingly important when litigants plan their discovery strategies. Rather than incurring the costs of having lawyers review every document produced in response to a discovery request in search of relevant evidence, a cost effective strategy for document review planning is to use statistical sampling of the database of documents to determine the likelihood of finding relevant evidence by reviewing additional documents. This paper reviews and discusses how sampling can be used to make document review more …
Avoiding Sanctions At The E-Discovery Meet-And-Confer In Common Law Countries, Milton Luoma, Vicki Luoma
Avoiding Sanctions At The E-Discovery Meet-And-Confer In Common Law Countries, Milton Luoma, Vicki Luoma
Journal of Digital Forensics, Security and Law
The rules of civil procedure in common law countries have been amended to better deal with the requirements of electronic discovery. One of the key changes in case management is the scheduling of a meet-and-confer session where the parties to litigation must meet early in the case before any discovery procedures have begun to exchange information regarding the nature, location, formats, and pertinent facts regarding custody and control of a party’s electronically stored information (ESI). Failure to abide by the rules and participate in good faith at the meet-and-confer session can have dire consequences for the parties and lawyers involved. …