Six Months Later: Practice and Precedent–eDiscovery and FRCP

The evidence is in! The Amendments to the Federal Rules of Civil Procedure (FRCP) are affecting the processes around litigation.

In my upcoming CLE, Six Months Later: Practice and Precedent– eDiscovery and FRCP, I will examine the last six months’ implementation of the FRCP Amendments.  I will address:

It’s Not Just the Evidentiary Data; It’s the Collection

Depending on your experience in eDiscovery, you might think that eDiscovery collection of electronically stored information isn’t all that difficult—just pull the data off the servers in one fell swoop. But all is not what it seems. Businesses may have multiple locations, and they may maintain data in more than one place. Even those entities with only one location will have employees who use their own devices or computers for work purposes, or employees who travel or work remotely. In short, the sources for data collection can increase exponentially beyond the hoped-for “one fell swoop” collection on servers.  And then, there is the question about whether the collection is done correctly.

Cybersecurity Risks in e-Discovery—a Primer for Corporate, Law Firm, and Government Legal Staffs 

It seems that most legal publications these days offer news of current cyberattacks or concerns about future assaults.  Few offer concrete guidance for the legal professional, particularly those working on matters with eDiscovery requirements.  Our May 25th Shepherd Speaks in Minneapolis will provide a practical overview of cybersecurity risks, obligations, and incident response in eDiscovery.

Our presenter, Professor Gregory M. Duhl, is the founder of the Mitchell Hamline School of Law Cybersecurity and Privacy Program, a non-degree certificate for working professionals focusing on the complex legal, policy, and compliance challenges from the rapid growth of cyberspace.

Formerly an intellectual property litigator, Professor Duhl’s examination will profile:

Don’t Ask and You May Not Receive–the Wonders of Metadata

Some of us still tend to visualize data as if it were all on paper. E-mails are seen as the equivalent of letters or memos on paper, and electronic records as the functional equivalent of paper files. And, phone calls may not even be considered. Such a view can lead the practitioner to overlook important and helpful information that is stored on an electronic device; information that can authenticate or discount the value of evidence. That overlooked information? Metadata.

“Metadata” is the data that describes data. Even though it resides behind the scenes, metadata reports much that isn’t apparent from just reading email and document text. Metadata can tell when a file was created, when it was last altered, and who created or

Minneapolis-based Shepherd Data Services Earns Coveted eDiscovery Industry Recognition: Relativity Best in Service
POSTED ON April 26

MINNEAPOLIS, MN. March 26, 2016. Shepherd Data Services, a Minneapolis-based digital forensic and eDiscovery company, announced today that they have earned kCura’s Relativity Best in Service designation, which recognizes Relativity Premium Hosting Partners who provide an exceptional Relativity experience to their clients.

Christine Chalstrom, President of Shepherd Data Services, commented, “We are proud to have earned this extremely selective designation.  The evaluation process is rigorous and the standards are high.  To meet and surpass kCura’s objective thresholds is extremely gratifying.”

Through a voluntary audit, Relativity Best in Service partners demonstrate their expertise and experience hosting projects in Relativity. kCura evaluates these partners’ individual data centers in