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General Counsels Take Note: The E-Discovery Process Continues To Evolve – Part I

August 5, 2008

General Counsels Take Note: The E-Discovery Process Continues To Evolve – Part I

The Metropolitan Corporate Counsel, August 2008

As Part 1 of a three part series, this article highlights an interview with Brandon Daniels, Legal Process Consultant, CPA Legal Services; Rob Hellewell, Senior Director, LexisNexis Applied Discovery; and Edward H. Rippey, Partner, Covington & Burling LLP. The interview addresses the growing complexity of e-discovery and the various trends each of the professionals are seeing evolve. Hellewell, for example, explains that although the volume of data involved in e-discovery matters is on the rise, legal professionals are working hard to reduce the amount of time that attorney’s spend reviewing it.

“The volume of raw data we see in projects continues to grow. Storage is cheap, and increased awareness of e-discovery obligations and the recently amended Federal Rules of Civil Procedure all contribute to a rise in the volume of raw data identified as being potentially relevant in cases” said Hellewell. “At the same time, we are spending more time working with clients to find more effective ways of reducing the amount of raw data that actually requires attorney review. The good news is that the technology for culling and reviewing data is improving, and clients are becoming more adept at using it.”

Responding to the same topic, Ripper suggests that some companies are better off sticking to their current data retention due to specific circumstances.

“The point, I think, is that many larger companies have ongoing litigation, and in these circumstances it is very difficult to modify their document retention and deletion policies in a way that brings this matter under some degree of control,” said Rippey.

Although each of the interviewees have related professions, we found it interesting to understand each of their unique ideas and opinions about the e-discovery and litigation markets. Take a quick read and understand for yourself what each of these individuals had to share. If you’re interested, stay tuned for the September issue of Metropolitan Corporate Counsel where Part 2 of this interview will appear.

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