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

 Find the “One”

 Don’t Be a Hoarder

77 Avg # of s a person receives per day 50% Avg # of docs held past their retention period 19 Avg # 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

Exclusions 0101 Limitations 0202 Format 0303 Search Terms 0404

 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, and belief 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