516-227-0700

The Foreign Language of E-Discovery

March 05, 2020

Have you ever been involved in a meet and confer regarding electronically stored information and felt your adversary was speaking a foreign language?  Is active machine learning an unfamiliar concept to you?  Is BYOD an acronym for who-knows-what?

If you answered yes to any of the above, or if you lack fluency in the language of e-discovery and digital information management, allow me to introduce you to The Sedona Conference (TSC).  TSC is a nonprofit 501(c)(3) research and educational institute dedicated to the advanced study of law and policy in certain areas including complex litigation.  TSC launched in 2002 its Working Group Series, which was designed to address some of the most challenging issues faced by our legal system.  In this regard, TSC is an invaluable resource for litigators.  For all of the self-proclaimed luddites who practice litigation, there are a number of Working Groups that inform the ESI and cyber-landscape that I encourage you to familiarize yourself with including, for example, Group 1 (Electronic Document Retention an Production), Group 6 (International Electronic Information Management, Discovery and Disclosure), and Group 11 (Data Security and Privacy Liability).  However, if you do nothing else after reading this Blog, please download The Sedona Conference Glossary: eDiscovery & Digital Management, Fifth Edition, 21 SEDONA CONF. J. 263 (2020) (available at: https://thesedonaconference.org/publications).  This glossary, “published as a tool to assist in the understanding and discussion of electronic discovery and electronic information management issues,” is a comprehensive resource for empowering litigators to better understand current technologies and the language of e-discovery.

Have questions?  Please contact me at kcole@farrellfritz.com.