Michael P. Carbone
Dispute Resolution Specialist
1201 Brickyard Way #201
Point Richmond, CA 94801-4140
Selected eDiscovery Resources
The Electronic Discovery Reference Model is a road map that details the many stages of the eDiscovery process from start to finish.
The Sedona Conference provides a wealth of information on eDiscovery, including free downloads. The Sedona Principles are frequently cited by the courts and have formed the basis for many of the significant decisions in the field. Besides The Sedona Principles, some of the important papers to read are the Cooperation Proclamation, the Commentary on Proportionality, and the Jump Start Outline.
eDiscovery for Small Cases is a publication of the American Bar Association that provides guidance for the lawyer who is dealing with a case that cannot justify the expense of eDiscovery on the scale of a complex case.
Court and Other Protocols
The Seventh Circuit Electronic Discovery Pilot Program is based on the Sedona Principles. The program provides for a standing order to be used in all United States District Courts in the Seventh Circuit. The website also provides other helpful resources, including webinars.
eDiscovery in the Northern District of California is another program that is based on the Sedona Principles. It is required to be followed in all cases. The Checklist is a useful tool for parties who are preparing for a meet and confer. This program could readily be followed in any case, whether large or small, and whether in federal or state court.
Best Practices in New York State and Federal Courts is a set of guidelines for the management of eDiscovery that was developed by the New York State Bar Association and released in 2011. It contains a number of practical suggestions that are worth reading.
For an interesting stipulation and order concerning limits on the obligation to preserve ESI, see USA v. Louisiana Generating.
The Unites States District Court for the Southern District of New York has adopted a ten year Pilot Program for complex cases that requires a Joint Electronic Discovery Submission.
In the Western District of Washington the court has adopted a simplified model protocol for eDiscovery that is worth consulting for cases both large and small.
The CPR Protocol is intended for use in commercial arbitration.
Technology Assisted Review
In “Technology-Assisted Review In E-Discovery Can Be More Effective And More Efficient Than Exhaustive Manual Review” Maura Grossman and Gordon Cormack make a convincing case for the use of TAR.
In The Grossman-Cormack Glossary of Technology Assisted Review the same authors make a valiant and successful effort to bring some order to chaos in the world of TAR, where various words and phrases get bandied about.
Predictive Coding for Dummies Exactly what you think it is. A quick read on an important subject.
These blogs all provide timely information on case law and other developments in the fast-changing field of eDiscovery.
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