Falcon’s CEO, Don McLaughlin, interviews Charlie Kaupp of Digital Strata at LegalTech NYC 2012.

Falcon’s CEO, Don McLaughlin, interviews Nicolas Economou of H5 at LegalTech NYC 2012.

Falcon’s CEO, Don McLaughlin, interviews Dean Gonsowski of Symantec-Clearwell at LegalTech NYC 2012.

Falcon’s CEO, Don McLaughlin, interviews Nick Robertson of kCura Corporation at Legal Tech NYC 2012.

Falcon’s CEO, Don McLaughlin, interviews Conor Crowley of Crowley Law Office at LegalTech NYC 2012.

Falcon’s CEO, Don McLaughlin, interviews Jenny Hamilton of Deere & Co. at LegalTech NYC 2012.

Falcon’s CEO, Don McLaughlin, interviews Bobby Balachandran of Exterro at LegalTech NYC 2012.

Martin Siefert, Falcon Discovery’s Director of eDiscovery and Forensics, has been elected Vice President of the Colorado Association of Computer Crime Investigators (CACCI).

CACCI enables the collaboration between law enforcement agencies and private companies in the area of digital forensic investigations. Since its inception, CACCI has seen a growing demand in digital investigations within the law enforcement community.  To allow collaboration amongst its peers, CACCI’s mission is to continually promote a network of digital forensic experts in Colorado, encourage and provide knowledge transfer, training and R&D in the realm of digital forensics between its active members

As Vice President, Mr. Siefert will coordinate training efforts relating to cutting edge technologies, social media and cloud computing investigations for CACCI members.

With ample support for principles of proportionality, there remains wide spread confusion about where to draw the line between burden and value to determine the optimal balance in legal discovery. At the same time cost-shifting is receiving more and more attention from the courts, and this can be a viable means of recouping significant discovery costs.

Falcon Discovery, the creator of InsideOut,™ a fully integrated, co-sourced solution for managing discovery in-house, is sponsoring this webcast to advance the discussion about how proportionality and cost-shifting can help restore balance and efficiency to the eDiscovery process.

Falcon has enlisted a team of prominent in-house and outside counsel to share their insights and strategies on how best to navigate the murky waters surrounding proportionality and cost-shifting.  Join us for this engaging and thought-provoking discussion.

“Short of hopping on a plane and attending an expensive conference, it is rare to get this much in-house participation on a given topic. We feel fortunate to be a part of this timely discussion.” – Falcon CEO and Founder, Don McLaughlin

Falcon Proportionality Webcast

Discovery Relief in Patent Cases: A New [Model] Order Adopted for eDiscovery

At the 2011 Eastern District of Texas Judicial Conference held in Irving on Sept. 27, Chief Judge Randall Rader of the U.S. Court of Appeals for the Federal Circuit said the Federal Circuit Advisory Council unanimously voted to adopt a proposed “[Model] Order Regarding E-Discovery in Patent Cases.”  The Model Order proposes several limitations on the production of Electronically Stored Information (ESI) and requires a preliminary exchange between parties before any email request may be made.  The Model Order tackles the high costs of document review by addressing concerns around the inadvertent production of Attorney-Client Privileged and Work Product Protected ESI and claims of waiver.  Chief Judge Rader delivered The Model Order to a standing-room only crowd that was energized by the specific guidelines set forth to help navigate the broad realm of patent discovery disputes.

The Model Order was designed to address the challenges that patent litigation draws with regard to eDiscovery; they are too often wrought with vague claims, voluminous phishing expeditions and trolling tactics.  The committee commented that disproportionate ESI production requests or non-responsive or dilatory discovery tactics would constitute grounds for cost-shifting considerations.  Citing The Sedona Principles and The Judges’ Guide to Cost-Effective E-Discovery, The Model Order was created to promote responsible, targeted use of eDiscovery to streamline the entire process.

Below are the noteworthy provisions:

• The Model Order requires both parties to exchange ‘core’ information concerning the patent, product, or finances PRIOR to making any formal email production requests.

• General ESI requests do not include email, and a separate request must be made for email productions.

• Email production requests must be specific and state: 1) custodians, 2) search terms, and 3) time frame.

• Much like the FRCP sets a presumptive limit of 10 depositions, the Model Order limits email production requests to 5 custodians and 5 search terms.  Any non-agreed upon custodian-searching cost will be incurred by the requesting party.

• The Model Order requires that search terms be narrowly tailored and that general terms, unless combined with narrowing terms, would be inappropriate.

• General metadata fields such as date/time and distribution list shall be included with email productions, but, without good cause, any other metadata production is unnecessary.

• In an effort to reduce preproduction review costs, the Model Order provides “clawback” protection for the inadvertent production of privileged or work-product-protected documents and provides further protection declaring that the receipt of any inadvertently produced material does not constitute a waiver.

The Federal Circuit Advisory Council tapped a subcommittee to draft The Model Order. The group included, among others, Chief Judge Rader, Chief Judge James Ware of the Northern District of California, Judge Virginia Kendall of the Northern District of Illinois and Magistrate Judge Chad Everingham of the Eastern District of Texas.

Following Rader’s speech, Advisory Council Chairman Edward Reines remarked that the default limits in The Model Discovery Order aren’t necessarily one size fits all, “but they should move the center of gravity to more reasonable and less wasteful discovery practices.”  Reines is realistic about the potentially slow adoption of some or all of The Model Orders provisions in other federal courts, but is confident that it will be “…influential in the way people think about eDiscovery.”

About Falcon Discovery:
Falcon is transforming the way corporate legal departments and law firms manage discovery, investigations and compliance in the digital age. Falcon’s lawyers, project managers and technologists have created a unique framework that aligns people, processes and technology to significantly optimize the discovery process across matters. InsideOut™, Falcon Discovery’s visionary in-house legal and technology services model is based on years of in-house experience, and delivers more accurate results, enhanced defensibility, and unmatched cost savings. Visit www.falcondiscovery.com for more information, including recent press coverage about Falcon.