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E-Discovery In Small Cases. Tom O’Connor Avansic Director of Professional Services. TOPICS. PARADIGM SHIFT.

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E discovery in small cases

E-Discovery In Small Cases

Tom O’Connor

Avansic

Director of Professional Services



Paradigm shift
PARADIGM SHIFT

  • Taking an electronic document such as a spreadsheet, printing it, cutting it up, and telling one’s opponent to paste it back together again, when the electronic document can be produced with a keystroke is madness in the world in which we live.”

    • Magistrate Judge John M. Facciola

    • Covad Comm. Co. v. Revonet,Inc., 2009 U.S. Dist. LEXIS 75325 (D.D.C. Aug. 25, 2009)






Avoid e jargon
AVOID E JARGON

  • ESI

    • Metadata

    • Native Format

      • If a request does not specify a form for producing electronically stored information, a party must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms

  • Processing

    • Culling

    • Deduping

    • Denisting

  • Reasonably Accessible

  • Meet and Confer

  • Cost Shifting




E discovery in small cases

BETTER SOLUTIONS

“Litigation habits and customs learned in the days of paper must be revisited and revised. The culture of bench and bar must adjust.”

Hon. Lee Rosenthal

United States District Court for the Southern District of Texas, Houston Division.

Chair, Standing Committee on Rules of the Judicial Conference


Better solutions
BETTER SOLUTIONS

  • Budget conscious solutions

  • Common native format files

  • Host your own data

  • Programs installed locally

  • Smaller collections

    • fit on DVD or external drive

  • Data exchange agreement

    • Selection

    • Format

    • Sampling



Better solutions1
BETTER SOLUTIONS

Technology is NOT the key to successful management of

e-Discovery