There's something magical about it. I'm not being whimsical or fanciful when I say it either. There's something truly satisfying to me when I see it in action. It doesn't happen immediately, by any means. It happens week-by-week and month-by-month. What am I referring to here?
By Daniel E. Gold, Esq., Director, Sales Engineer Envision this scenario for a moment: your client calls on a Friday afternoon asking you to represent them in a new product liability litigation. You need to make sure your client has a litigation readiness strategy plan in place that includes preservation documentation, a records retention policy, and a data map of their organization.
I travel so much across the country that I hardly have the time to really soak in the beauty of what each city holds. New Orleans is a perfect example. I fly in and out of that town so often, and yet, because of my schedule, I just don't get the chance to stop and enjoy what she has to offer.
Being in a technical/consultative role is far more interesting than when I was an eDiscovery sales rep for eight years, and candidly even more interesting than when I was a practicing lawyer before that.
There are so many constraints tied to "doing" eDiscovery correctly that make getting to the substantive issues of law so much more difficult: Was there a legal hold put into place? Was it done correctly? Are there reminders set up about that hold policy? Has the data been preserved?
Aldo Gucci is credited with the expression, "You get what you pay for". The expression has been used mainly in the negative: "My new porch is about to fall apart. I shouldn't have gone with the cheapest contractor. I guess you get what you pay for."
Let's face it - practicing in 2014 is harder work than it was in 2004 and harder than it was in 1994. Why? A lot of it stems from being able to manage the proliferation of huge volumes of electronic data which has increased both the complexity and cost of litigation.
I don't mean to come off swinging with a bunch of scare tactics, but in today's post, I will shed light on alarming statistics tied to data loss and the lack of security in most organizations today. Torn from the headlines, we find that major companies have become victims to cybercrimes.
When I made the transition from the practice of law to litigation support in the southeast at LexisNexis in the mid-2000's, I could not have asked for better timing. Lexis had acquired LAW PreDiscovery, Concordance, and CaseMap, and the Federal Rules of Civil Procedure were changing.
A few years ago, I gave a presentation in New York about eDiscovery case law, the increase in data, and best practices to help lawyers manage their data better so as to not become the "victim" of another spoliation case.