How to Get Screwed by eDiscovery

Kat Meyer, Esq.President of Conquest eDiscovery, LLC

Not

Screwed:

to be in serious trouble; describing something in a state of disrepair. (Urban Dictionary)

Screwed in eDiscovery:

Wasting Money Being Inefficient Getting Sanctioned Negatively Affecting Strategy Faking that you know what you

are doing, resulting in one of the above

OR OROR OR

Find the “One”

Find the “One” Don’t Be a Hoarder

77Avg # of emails a person receives per day

50%Avg # of docs held past their retention period

19Avg # of times a doc gets copied

18# of months it takes for a company’s data to double

Find the “One” Don’t Be a Hoarder Speak Up

Find the “One” Don’t Be a Hoarder Speak Up Data Dive

Custodian Interviews

Background

Devices

Communication

Data Locations

Find the “One” Don’t Be a Hoarder Speak Up Data Dive Be a Frenemy

Exclusions01

Limitations02

Format03

Search Terms04

Find the “One” Don’t Be a Hoarder Speak Up Data Dive Be a Frenemy Reign in Review

8%

73%

19%

Review

Collection

Processing

Where the Money Goes…

Where the Money Goes: Understanding Litigation Expenditures for Producing Electronic Discovery, 2012

Find the “One” Don’t Be a Hoarder Speak Up Data Dive Be a Frenemy Reign in Review Call the Plays

An attorney is required to sign all disclosures certifying they are complete and correct at the time they are made “to the best of the person’s knowledge, information, andbelief formed after reasonable inquiry.” FRCP 26(g)

A lawyer having “direct supervisory authority over the non-lawyer shall make reasonable efforts to ensure the person’s conduct is compatible with the professional obligations of the lawyer.” ABA Model Rule 5.3

“…defendants took a backseat approach and

instead let the process proceed through a

vendor….[s]uch a hands-off approach is

insufficient…Defendant’s cannot place the burden

of compliance on an outside vendor and have no

knowledge, or claim no control, over the process.”

Peerless Industries, Inc. v. Crimson Av, LLC

How to Get Screwed by eDiscovery

Kat Meyer, Esq.President of Conquest eDiscovery, LLC

Not