E-Discovery and Technology Newsletter—August 2012

Alerts / August 16, 2012

The Building Blocks of E-Discovery and Litigation Technology

Every lawyer's goal is to keep their client out of the case books as the most recent example of spoliation or some other discovery sanction. To do so, you need to focus on the fundamentals of discovery strategy, including managing client's data, selecting the right tools to assist in conducting document review and supervising litigation vendors. Below are a few articles that discuss these important first elements to a sound discovery process, which will improve results while lowering litigation costs.

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In This Issue:

Please contact any member of Baker Hostetler's E-Discovery and Technology Team with questions.


If your company has more than 1,000 employees, odds are good that you have over one petabyte (a thousand terabytes) of data. Lots of data can mean only one thing when it comes to litigation: crippling discovery costs. Your first and best line of defense in limiting discovery costs is having a well-drafted document retention policy and following it to the letter. First and foremost, your policy must be tailored to the regulatory regime in which your company operates and also to the needs of your business. A well-drafted document retention policy is only as good as its implementation. Executing the policy requires support from a corporate records management program and a well-trained information technology group. The single greatest benefit to having, maintaining and following a document retention policy is that you will have fewer documents to review and produce in the event of litigation. The single greatest challenge is knowing when to suspend routine document destruction in light of pending litigation.

Full Article: Drafting and Implementing an Effective Document Retention Policy


Choosing the right tool for document review can save huge amounts of money in the long run. There are no definite breakpoints that clearly indicate which tool should be used for any particular review. The needs of the case, the needs of the client and its lawyers, the volume of data and the costs all are factors that must be considered. When deciding what tool to use for your case, you should ask yourself:

  • How much data is there to be reviewed?
  • What does the data look like?
  • How complex is the searching?
  • How complex is the review?

The answers to these questions will help you narrow your search and target the best tool for your review.

Full Article: The Questions to Ask When Selecting a Review Tool


Litigation, large and small, usually requires the assistance of a variety of non-lawyer vendors, service providers and consultants. These non-legal professionals can be the testifying or consulting experts who clarify technical aspects of the case. They can also be litigation service providers, such as the vendors that host your electronic data, or the court reporters who transcribe depositions. When our relationships with them are at their best, experts and service providers are essential partners. When these relationships go wrong, they cause headaches. There are three fundamentals to vendor relations: defining the terms of the relationship, managing costs and optimizing information flow.

Full Article: Managing Litigation Vendor Costs and Information Flow

Baker & Hostetler LLP publications are intended to inform our clients and other friends of the Firm about current legal developments of general interest. They should not be construed as legal advice, and readers should not act upon the information contained in these publications without professional counsel. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you written information about our qualifications and experience. © 2012 Baker & Hostetler LLP