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Communicate With Your Service Provider

Published Tue, March 29, 2011 by Debora Motyka Jones, Esq.

Once you have chosen your vendor, it is very important to establish open lines of communication.  Not only should you have a call with your vendor’s entire team at the start of the matter, but you should have constant communication as the assumptions and deadlines change.  If you work together as a team, the process will go much more smoothly and both parties will be happier.   Jane Gennarelli recently echoed this point in her blog post on Working Successfully with eDiscovery and Litigation Support Service Providers.


Published Tue, March 22, 2011 by Debora Motyka Jones, Esq.

Although I advocated self-collection in my recent post about Facebook Self-Collections,  I want to note that self-collections are usually not a good way to go.  In fact, the ediscovery Team recently posted a blog article about the pitfalls of self-collection.  Ralph Losey pointed to a recent opinion out of the Eastern District of Texas, Green v. Blitz U.S.A., Inc, 2011 U.S. Dist. LEXIS 20353 (E.D. Tex. Mar. 1, 2011), where the Court entered sanctions for bad faith withholding of evidence against a party who engaged in self-collection.

Facebook Collections

Published Mon, March 21, 2011 by Debora Motyka Jones, Esq.

As the use of social media increases, so does its relevance to litigation.  We are now seeing more and more people wanting to collect data from social media sites such as Facebook and Twitter.  Initially, a Facebook collection meant getting a user’s permission and sending a subpoena to Facebook.  But now, Facebook has streamlined the process by allowing users to collect their own information.

Quote of the Day

Published Fri, March 18, 2011 by Debora Motyka Jones, Esq.

I had to laugh when I saw the below quote on K&L Gates’ E-Discovery Blog.

Making Defensible eDiscovery Decisions

Published Thu, March 17, 2011 by Debora Motyka Jones, Esq.

When dealing with discovery, there is a need to find the right balance between collecting all the potentially relevant data in the universe and the cost to do so. But, how does one do that while complying one’s discovery obligations? In general, you need to show good faith that you preserved relevant evidence. Moreover, FRCP 37(c)(1) requires substantial justification for “non-compliance” with FRCP 26 production obligations. Therefore, when defending a motion for sanctions, you need to be able to show the reasoning behind why an item was...

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Lighthouse’s Illuminating eDiscovery Blog features thought leadership pieces ranging from simple tips and tricks and industry event takeaways, to case law changes and ediscovery standards. These pieces are developed by technology and legal experts and focused on providing readers with practical tips that  they can put in place in their professional lives.