Here are our top 5 takeaways from the insights-packed week of thought leadership
Collaboration tools like Slack offer a wealth of information potentially relevant to a litigation or an investigation but can be a nightmare to manage. It is important for practitioners to find a partner that understands these unique challenges as they incorporate Slack data into their ediscovery workflow. DISCO realized adoption of these tools was reaching a tipping point, and developed a specialized approach to Slack data to minimize headaches and maximize insights.
If you were born before 1985, it’s likely that you immediately get the reference to Festivus, the anti-commercial holiday “for the rest of us”, that was invented by George Costanza’s father and celebrated on Seinfeld. Of course, Festivus wouldn’t be complete without an unadorned aluminum Festivus pole, a dinner where the guests engage in the "Airing of Grievances" and recognition of "Feats of Strength" as well as proclaiming easily explainable events as "Festivus miracles".
The legal industry is facing the kind of pressure and undergoing the kind of consolidation that other services industries, like accounting and consulting, went through decades ago. Clients are not satisfied with the results they get when law firms do everything manually, solving problems by hurling bodies at them. Clients deserve, and now are demanding, high-quality legal services, delivered in a predictable and repeatable way and at a cost that reflects both the value delivered and all efficiencies available.
At the end of litigation, unless the parties have settled and agreed that each party will bear its own costs, the prevailing party may want to seek recovery for its expenses (apart from attorney fees, which is a much broader topic and not within the scope of this piece), such as court reporter fees, document duplication, ediscovery processing and database fees, etc. Typically, ediscovery costs for collection, processing, review, and production of electronically stored information (ESI) are the largest cost component of litigation expense, so it is natural that the prevailing party desires to recover as much of this as it can from the losing party. This piece focuses on recovery of ediscovery expenses under the applicable federal statute and corresponding case law, but your results may vary depending on the laws of the jurisdiction you find yourself in.
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