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<b><i>e-Discovery Tech:</b></i> Why the FRCP Amendments Mean Legal Teams Need Technology Now More Than Ever

By Nancy Patton
September 01, 2016

Across organizations, a similar process (more or less) is followed when conducting e-discovery, but the steps often happen in quick succession or nearly simultaneously. Linda Luperchio, Director of IG & E-Discovery at The Hanover Insurance Group supports this premise. “I'm always looking at the last step, production,” she says. “I never just look at the next step, because you can't. I'm starting my production set right at the beginning as I'm collecting; I do it all in one fell swoop, because there's no way you can do it evenly. Besides being a bottleneck, there's just too much risk.” The steps are loosely defined by the Federal Rules of Civil Procedure (FRCP) and the judicial interpretation that flows from them. The recent changes to the FRCP will inevitably result in the steps shifting and evolving in the coming months and years.

According to a recent poll, 57% of legal professionals have or will re-evaluate their e-discovery process based on the new FRCP. Supporting this, Exterro's Director of Marketing Programs, Mike Hamilton, who attended the 2016 ASU-Arkfeld E-Discovery and Digital Evidence Conference, says that one of the main takeaways from the first day's events was the urging of legal teams to “read FRCP committee notes when assessing your e-discovery process under the new rules.” But before we can know how to update our process, we have to first understand the rules.

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