Los Angeles E-Discovery Lawyer & Attorney : McBride Law Firm : Electronic Evidence: Santa Monica, California

How do you confidently identify, preserve and collect documents from your client's computer network--on a budget?

Microsoft has an answer--use Windows SharePoint Services and Search Server Express, which can be downloaded as free add-ons to Windows Server 2003 / 2008.  These products do the following things that are precisely the things attorneys need to manage e-discovery collections:

•  "Crawl" and index all documents on your client's network

• Identify and link to virtually all document types and formats

• Provide a document map for managing discovery

• Impose automated document preservation requirements on potential custodians (without disturbing non-custodians)

• Download documents of interest for more detailed searching

• Conduct updated document crawls (including additional custodians), as needed, over the course of the litigation cycle

• Manage and supervise document review

• Maintain chain of custody

• Audit e-discovery activities for proving compliance

This kind of software has typically been provided by large e-discovery vendors--at a large price.  Microsoft provides all this functionality through free downloads to Windows Server 2003 / 2008.  (If your client still uses Windows Server 2000, it will need to upgrade.)

You will need to pay an e-discovery services provider or IT professional to configure, install and help manage the software and the collection/preservation process.   And depending on how you implement the software, you may need to purchase an additional Windows server license from Microsoft ($600). 

By any measure, Microsoft has lowered the all-in cost for e-discovery, putting powerful e-discovery tools in the hands of small to medium size law firms and their clients.

A well-designed discovery team, including an IT professional, client representative and outside counsel, can use this technology to confidently manage e-discovery--in a cost-effective way.

Core Software Components:

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Magistrate Judge Frederick F. Mumm (Central District of California) recently issued a case management order in In re: Katz Patent Litigation covering a number of common e-discovery issues:

• document preservation
• document production formats
• meet and confer obligations
• production of audio-video recordings

 Patent litigators will immediately recognize the name Ronald A. Katz.  Mr. Katz obtained a very broad patent covering such diverse activities as customer service, securities trading, merchandising, home shopping, etc.  Mr. Katz, based in Los Angeles, has systematically enforced his patent in lawsuits and licensing initiatives around the country; earning enviable licensing fees, but becoming rather unpopular in some circles in the process.

Magistrate Judge Mumm has been assigned to oversee discovery for several cases brought by Mr. Katz that are consolidated for discovery.  In cases of this magnitude, even trivial matters are often contested.  Indeed, the case management order itself could not be stipulated, requiring argument before Judge Mumm. 

The attached order gives general insight into Judge Mumm's view of electronic discovery obligations.

Discovery Order Highlights:

 1.  The parties' obligation not to destroy documents relevant to the current litigation began upon the filing of suit or the notice of the intent to file suit, whichever came first. 

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