Henry Ford, Faster Horses and the Launch of CTRL

“If I had asked people what they wanted, they would have said faster horses.” Henry Ford’s quote is a timeless example of the perception that people universally desire some flavor of incrementalism when they seek improvement. For example, if your car gets 20 miles per gallon, then achieving 25 miles per gallon (via a new…

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Q & A with Proportionality Expert Judge Derek Pullan

One of the principal eDiscovery trends sweeping the country is proportionality. Proportionality standards, which are designed to make the benefits of discovery commensurate with its burdens, are one of the key aspects of the recently proposed amendments to the Federal Rules of Civil Procedure. Among the cognoscenti touting the virtues of proportionality is Utah District…

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Failure is Not an Option (in eDiscovery Review)

At ILTA several years ago, I attended an inspiring speech by Jim Lovell, lead astronaut of Apollo 13. Much as I enjoyed it, I was genuinely disappointed not to have heard from Gene Krantz, the NASA flight director for that fated mission, who had originally been slated to speak. Call it an Ed Harris vs.…

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Q & A with eDiscovery and Litigation Guru Craig Ball

Long before eDiscovery entered into the common lexicon of most civil litigation attorneys, Craig Ball was advising clients, counsel, and the courts on the issues. As both a board certified trial lawyer and a certified computer forensic specialist, Craig’s unique skill set has enabled him to help scores of courts and counsel distinguish between eDiscovery…

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Trend Watch: Aggressive eDiscovery Fee Reductions by Judges

The imperative to reduce eDiscovery costs is not just a client preference; recent court orders show that judges are scrutinizing document review rates and reducing eDiscovery fee awards more than ever before. There are two economic drivers for this heightened scrutiny: (1) the legal job market still has an oversupply of lawyers willing to take…

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The Building Blocks of eDiscovery Investigations – 5 Key Techniques

Fact investigation is all about building hypotheses into conclusive understanding. This process is so pervasive that even TV show investigators embrace the approach. In the eDiscovery context, these activities happen in the context of language and data. A savvy investigator uses a variety of information retrieval techniques that exploit language use in different ways. Taking…

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