http://www.blogtalkradio.com/e-discoverynutsandboltsToday, over 99% of all docs are created and stored electronically. Litigants have a duty to request and disclose responsive electronic evidence in cases.enBlogTalkRadio.com. All Rights Reserved.Sat, 15 Jun 2019 03:00:00 GMTThu, 06 Feb 2014 16:00:00 GMTLegalBlogTalkRadio Feed v2.0https://dasg7xwmldix6.cloudfront.net/hostpics/8604b25e-80e4-4ba7-bc9e-9e99230738bf_magnifying_glass.jpghttp://www.blogtalkradio.com/e-discoverynutsandboltsToday, over 99% of all docs are created and stored electronically. Litigants have a duty to request and disclose responsive electronic evidence in cases.feeds@blogtalkradio.comBlogTalkRadio.comlegal,foreclosure,notice of sale,e-discovery,ediscovery,notice of default,bankruptcy,electronic data,lis pendens,non-judicial foreclosureEXDiscovery Nuts and Bolts Webinar0noToday, over 99% of all docs are created and stored electronically. Litigants have a duty to request and disclose responsive electronic evidence in cases.episodichttp://www.blogtalkradio.com/e-discoverynutsandbolts/2014/02/06/ediscovery-nuts-and-bolts-for-judicial-foreclosuresLegalhttp://www.blogtalkradio.com/e-discoverynutsandbolts/2014/02/06/ediscovery-nuts-and-bolts-for-judicial-foreclosures/#commentshttp://www.blogtalkradio.com/e-discoverynutsandbolts/2014/02/06/ediscovery-nuts-and-bolts-for-judicial-foreclosuresThu, 06 Feb 2014 16:00:00 GMTeDiscovery Nuts and Bolts for Judicial ForeclosuresThe judicial foreclosure process can be a very daunting undertaking.  From the moment the Lis Pendens or Notice of Foreclosure is filed, the homeowner will be at a serious disadvantage if he/she does not understand how to respond. The first step is to file an "ANSWER" to the Lis Pendens.  Along with the ANSWER, the homeowner should file a first set of Admissions-Interrogatories, Request for Production of Documents, Expert Witness Interrogatories, and ESI Interrogatories.  This last set of interrogatories refers to "Electronically Stored Information" (ESI), the heart of what ediscovery is all about.  Finally, the homeowner should also send a "Legal Hold" or "Litigation Hold" notice to the opposing party which is an ongoing obligation to ensure that any and all relevant ESI is preserved for discovery purposes. Once that is complete, there is also a seven-step process I like to employ in efforts to obtain as much information as possible about a mortgage: 1. ESI Debt Validation Letter 2. RESPA Request 3. Legal Hold 4. Trust Information 5. Rule 26(f) Questions 6. Preliminary Joint Case Management Plan 7. eDiscovery Identification and Preservation Questionnaire For more information, visit our eDiscovery for Foreclosure Resolution Webinar at www.ediscoverynow.net.  Click on the Webinar of choice to obtain the entry Password to the Webinar.  You may attend live or listen as a podcast.  eDiscovery forms, Sample Legal Hold, Joint Case Management Plan, Rule 26(f) questions will be provided.  Call 888-502-0586 for more information. 00:23:00EXDiscovery Nuts and Bolts Webinar0noeDiscovery,Judicial foreclosure,debt validation letter,Rule 26(f),Joint Case Management PlanThe judicial foreclosure process can be a very daunting undertaking.  From the moment the Lis Pendens or Notice of Foreclosure is filed, the homeowner will be ahttp://www.blogtalkradio.com/e-discoverynutsandbolts/2014/02/05/ediscovery-nuts-and-bolts-for-non-judicial-foreclosures-georgiaLegalhttp://www.blogtalkradio.com/e-discoverynutsandbolts/2014/02/05/ediscovery-nuts-and-bolts-for-non-judicial-foreclosures-georgia/#commentshttp://www.blogtalkradio.com/e-discoverynutsandbolts/2014/02/05/ediscovery-nuts-and-bolts-for-non-judicial-foreclosures-georgiaWed, 05 Feb 2014 16:00:00 GMTeDiscovery Nuts and Bolts for Non-Judicial Foreclosures (Georgia)Non-judicial foreclosures are an enigma.  Most homeowners living in non-judicial foreclosure states are ignorant to the non-judicial process.  In a non-judicial foreclosure, there is no court process.  A Notice of Lis Pendens or suit in foreclosure will not be filed.  Homeowners will receive a "Notice of Default" (NOD) in the mail, then, subsequently, a "Notice of Sale" (NOS) illuminating that the property will be sold on the first Tuesday on the following month (in Georgia...other non-judicial states' procedures will vary). That's it and that's all!  Once that happens, your property WILL BE SOLD at a foreclosure auction.  To stop the process, there is a method of execution that we have perfected for non-judicial foreclosure states: 1. Respond to intial FDCPA communication from foreclosure attorney. 2. Issue a "Legal Hold" or "Litigation Hold" notice to foreclosure attorney. 3. File a RESPA request with servicer. 4. Check county records office to be sure that presumptive owner has recorded and filed any ASSIGNMENT at recorders office. (If ASSIGNMENT is not reflected in public records, party seeking to foreclosure will have no authority to do so). 4. If mortgage is being held in a securitized trust, request PSA, FWP, trust creation documents for Closing and Cut-Off Date(s). 5. Request loan mod paperwork from servicer. 6. File Civil Action in federal court requesting a TRO. 7. Institute eDiscovery Project Management during discovery process. For daily Webinars on ediscovery for foreclosure resolution and other topics, visit www.ediscoverynow.net to view our upcoming events.  Send me an email at ajohnson@ediscoverynow.net for more infomation. 00:30:00EXDiscovery Nuts and Bolts Webinar0noNon-Judicial Foreclosure,Notice of Default,Notice of Sale,Securitized Investment Trust,eDiscoveryNon-judicial foreclosures are an enigma.  Most homeowners living in non-judicial foreclosure states are ignorant to the non-judicial process.  In a non-judicialhttp://www.blogtalkradio.com/e-discoverynutsandbolts/2014/02/04/ediscovery-nuts-and-bolts-for-personal-injuryLegalhttp://www.blogtalkradio.com/e-discoverynutsandbolts/2014/02/04/ediscovery-nuts-and-bolts-for-personal-injury/#commentshttp://www.blogtalkradio.com/e-discoverynutsandbolts/2014/02/04/ediscovery-nuts-and-bolts-for-personal-injuryTue, 04 Feb 2014 16:00:00 GMTeDiscovery Nuts and Bolts for Personal InjuryFor most types of injury cases, the injured party would be far better served by proceeding on their own or "pro se" in legal parlance.  In these cases where the injuries are NOT substantial and/or permanent or when there are NO complex issues related to liability and/or damages and the injured party believes he/she is capable of negotiating a satisfactory settlement, the injured party would be served by utilizing ediscovery to obtain the electronic data needed in order to facilitate a successful resolution. eDiscovery has been described as e-mails, spreadsheets, word processing documents, audio, video, database information, and anything metastasized in a digital content.  In our eDiscovery Nuts and Bolts for Personal Injury Training Webinar we will show you how to draft an effective "Demand Letter" to the claims adjuster, request electronic discovery, file a "Legal Hold" notice, and prepare for the all-important Rule 26(f) Conference and Joint Case Management Plan. Go to www.ediscoverynow.net, then, click on the Webinar of your choice.  Once you pay the entrance fee, an email will be forwarded to your email with the Password to enter the Webinar. Feel free to contact us with any questions, comments or concerns at ajohnson@ediscoverynow.net or phone 888-502-0586. 00:07:00EXDiscovery Nuts and Bolts Webinar0noPersonal Injury,eDiscovery,pro se,Demand Letter,Legal HoldFor most types of injury cases, the injured party would be far better served by proceeding on their own or "pro se" in legal parlance.  In these cases where thehttp://www.blogtalkradio.com/e-discoverynutsandbolts/2014/01/29/e-discovery-nuts-and-bolts-for-wrongful-terminationLegalhttp://www.blogtalkradio.com/e-discoverynutsandbolts/2014/01/29/e-discovery-nuts-and-bolts-for-wrongful-termination/#commentshttp://www.blogtalkradio.com/e-discoverynutsandbolts/2014/01/29/e-discovery-nuts-and-bolts-for-wrongful-terminationWed, 29 Jan 2014 16:00:00 GMTE-Discovery Nuts and Bolts for Wrongful TerminationElectronic evidence has been described as e-mails, spreadsheets, word processing documents, audio, video, or any other content that has metastasized in a digital format.  In a wrongful termination situation, the fact-finding process will require you to uncover electronic evidence, especially if you are engaged in an employment discrimination case involving a charge of racial or age discrimination. You may file a charge of employment discrmination with the EEOC office closest to where you live, or at any one of the EEOC's 53 field offices.  Your charge, however, may be investigated at the EEOC office closest to where the discrimination occurred.  If you are a U.S. citizen working for an American company overseas, you should file your charge with the EEOC field office closest to your employer's corporate headquarters. Usually, you only have 180 days to file your claim.  Once you file the claim, you should also send a "LEGAL HOLD" or LITIGATION HOLD" notice to the opposing party.  A legal hold is a directive and an ongoing process to preserve "electronically stored information" (ESI), documents or physical evidence pertaining to your situation.  Your employer would be required to save any ESI that may be relevant to your charge. Tune in to our E-Discovery Nuts and Bolts for Wrongful Termination Training Webinar on Wednesday, January 29, 2014, @ 12 Noon, by visiting www.ediscoverynow.net.  Click on the Webinar for Wrongful Termination and pay the entrance fee and you will receive the PASSWORD to gain access to the Webinar.  The Webinar will teach you how to draft a Legal Hold, Rule 26(f) Memorandum, and furnish you with the E-Discovery forms necessary to obtain responsive electronic evidence for your case. Visit our website at www.ediscoverynow.net for more information on E-Discovery Nuts and Bolts for whatever your situation may be. 00:17:00EXDiscovery Nuts and Bolts Webinar0nowrongful termination,Discrimination,Discrimination Racism,Age discrimination,Employment discriminationElectronic evidence has been described as e-mails, spreadsheets, word processing documents, audio, video, or any other content that has metastasized in a digitahttp://www.blogtalkradio.com/e-discoverynutsandbolts/2014/01/23/e-discovery-nuts-and-bolts-for-consumer-debt-mediationLegalhttp://www.blogtalkradio.com/e-discoverynutsandbolts/2014/01/23/e-discovery-nuts-and-bolts-for-consumer-debt-mediation/#commentshttp://www.blogtalkradio.com/e-discoverynutsandbolts/2014/01/23/e-discovery-nuts-and-bolts-for-consumer-debt-mediationThu, 23 Jan 2014 16:00:00 GMTE-Discovery Nuts and Bolts for Consumer Debt MediationIn the computer age, 99% of all documents are created and stored electronically.  Today, all litigants, pro se or otherwise, have a duty to request and disclose responsive electronic evidence in their cases.  If you have a consumer debt case, debt collectors will seek to turn to the courts to squeeze money out of the already struggling poor and middle class.  Lawsuits to collect on bad debts have to be filed in the state where a debtor lives.  And, location has become the new tool for debt collectors as some jurisdictions are more lenient than others.  Large debt buyers use the relaxed rules of small claims and municipal courts to file suits that obtain little documentation of the debts they seek to collect.  These courts allow for quick judgments when legally unsophisticated defendants fail to contest the suits.  Once the debt collectors obtains a judgment, they use the full weight of the legal system to enforce it primarily by seizing assets, garnishing wages, and freezing bank accounts. Thus, the need for ediscovery.  Tune in to our E-Discovery Nuts and Bolts for Consumer Debt Mediation Training Webinar on Tuesday, January 28, 2014 @ 12 Noon to learn how to uncover ESI and effectively negotiate a resolution of your consumer debt via mediation or arbitration.  Visit our website at www.ediscoverynow.net to learnn how to obtain access to the Webinar and also pick up a copy of the E-Discovery Nuts and Bolts for Consumer Debt Mediation ebook at www.amazon, a step-by-step instruction guide on ediscovery for consumer debt situations.   00:30:00EXDiscovery Nuts and Bolts Webinar0noeDiscovery,Consumer Debt,medical debt,bankruptcy,credit card debtIn the computer age, 99% of all documents are created and stored electronically.  Today, all litigants, pro se or otherwise, have a duty to request and disclosehttp://www.blogtalkradio.com/e-discoverynutsandbolts/2014/01/22/e-discovery-nuts-and-bolts-for-foreclosure-resolutionLegalhttp://www.blogtalkradio.com/e-discoverynutsandbolts/2014/01/22/e-discovery-nuts-and-bolts-for-foreclosure-resolution/#commentshttp://www.blogtalkradio.com/e-discoverynutsandbolts/2014/01/22/e-discovery-nuts-and-bolts-for-foreclosure-resolutionWed, 22 Jan 2014 16:00:00 GMTE-Discovery Nuts and Bolts for Foreclosure ResolutionIn the computer age, 99% of all documents are created andn stored electronically.  Electronic evidence has been described as e-mail, spreadsheets, word processing documents, audio, video, or any other content that has metastasized in a digital format.  The fact-finding process will require you to uncover electronic evidence, especially if you are a party to a foreclosure situation.  Most mortgages have MERS, the Mortgage Electronic Registration System, Inc. as nominee for the original lender, its successors and assigns.  MERS has represented in Courts that its sole purpose is as a system to track mortgages.  It has stated that it does not do the entries on the electronic repository itself, but the lenders and services do.  When the all-important "Assignment of Mortgage" or "Assignment of Security Deed of Trust" is executed, it is the member servicer or lender that goes to the website, downloads the necessary forms, completes the forms and then takes it to the designated "MERS Officer" to sign. Because MERS is an electronic repository and database that stores information, it is prudent that you have a grasp, the nuts and bolts, of what electronic evidence is all about.  Visit our website at www.ediscoverynow.net to attend our Webinar on Monday, January 27, 2014 @12 Noon for our E-Discovery Nuts And Bolts for Foreclosure Resolution Webinar.  Also, be sure to visit www.amazon.com and pick up a copy of the E-Discovery Nuts and Bolts for Foreclosure Resolution ebook, a step-by-step guide to ediscovery as it applies to foreclosures.   00:30:00EXDiscovery Nuts and Bolts Webinar0noforeclosure,eDiscovery,Non-Judicial Foreclosure,Notice of Sale,Notice of DefaultIn the computer age, 99% of all documents are created andn stored electronically.  Electronic evidence has been described as e-mail, spreadsheets, word processihttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/08/10/use-financial-remuneration-to-reopen-wrongful-foreclosureLegalhttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/08/10/use-financial-remuneration-to-reopen-wrongful-foreclosure/#commentshttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/08/10/use-financial-remuneration-to-reopen-wrongful-foreclosureSat, 10 Aug 2013 22:00:00 GMTUse Financial Remuneration to Reopen Wrongful Foreclosure Hello to all of our listeners in the United States and around the world, I am your host Anthony Johnson, and you are listening to the E-Discovery Nuts and Bolts Audio Blog. In this episode, we will illuminate how homeowners may be successful at stopping a foreclosure or reopening an wrongful foreclosure by using the financial remuneration from the Independent Foreclosure Review Board as evidence of servicing errors and abusive foreclosure practices. Many homeowners have received a payment ranging from $300 to $125,000 as a result of an agreement between federal banking regulators and servicers in connection with an enforcement action with the states Attorneys General. For more information on how to utilize the financial remuneration to reopen your wrongful foreclosure, contact A. Johnson & Associates, LLC, 888-502-0586, or email at ajohnson@ediscoverynow.net. DISCLAIMER:  We are not attorneys.  We are not engaged in rendering legal advice.  We are E-Discovery Solutions Specialists, Mediators, Arbitrators and Negotiators.  If legal advice is required, the assistance of a competent, qualified legal professional should be obtained. 00:27:00EXDiscovery Nuts and Bolts Webinar0noe-discovery,foreclosure,Independent Foreclosure Review,Wrongful Foreclosure,Notice of SaleHello to all of our listeners in the United States and around the world, I am your host Anthony Johnson, and you are listening to the E-Discovery Nuts and Bolthttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/05/18/e-discovery-for-pro-se-litigantsLegalhttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/05/18/e-discovery-for-pro-se-litigants/#commentshttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/05/18/e-discovery-for-pro-se-litigantsSat, 18 May 2013 22:30:00 GMTE-Discovery for Pro Se Litigants Today, all litigants, pro se or otherwise have a duty to request and disclose responsive electronic evidence in their cases.  Whether your case is consumer debt litigation, foreclosure, or wrongful termination, discovery issues relating to electronically stored information (ESI) will have to be addressed. When requesting ESI in discovery, the first step is to determine the specific, relevant case information you want from the responding side.  Our E-Discovery Nuts and Bolts for Pro Se Litigants e-book, is a step-by-step guide on how to determine the specific, relevant case information, and guide you along the EDRM (Electronic Discovery Reference Model), the industry standard. Pick up a copy of the E-Discovery Nuts and Bolts for Pro Se Litigants e-book at www.amazon.com. For more information on e-discovery and how to apply the rules in relation to the preservation, discoverability, production, accessibility, and costs associated with ESI, which includes e-mail, word processing documents, spreadsheets, voice mail, databases, and more, contact A. Johnson & Associates, LLC at 888-502-0586, email me at ajohnson@ediscoverynow.net, or visit our website at www.ediscoverynow.net. DISCLAIMER:  We are not attorneys.  We are not engaged in rendering legal advice.  We are E-Discovery Solutions Specialists.  If legal advice is required, the assistance of a competent, qualified legal professional trained in electronic data discovery ("e-discovery") should be obtained. 00:34:00EXDiscovery Nuts and Bolts Webinar0noe-discovery,electronic data discovery,pro se litigants,federal civil electronic discovery,state electronic discoveryToday, all litigants, pro se or otherwise have a duty to request and disclose responsive electronic evidence in their cases.  Whether your case is consumer debhttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/05/11/esi-production-specificationLegalhttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/05/11/esi-production-specification/#commentshttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/05/11/esi-production-specificationSat, 11 May 2013 22:00:00 GMTESI Production Specification The ESI Production Specification Form will govern the production requirements in connection with your E-Discovery Project.  In order to ensure accuracy, and the timely completion and delivery of the production, please utilize as much extra time as possible when completing the form. The ESI Production Specification with cover: Request and Due Dates Documents to be Produced Output Format Deliverables Special Instructions/Comments/Notes You will should also record your documents on a Document Collection Log, trace your data on a Data Collection Log, and follow your data production on a Chain of Custody Form. For more information on how to utilize these forms for your E-Discovery Project, contact A. Johnson & Associates, LLC, at 888-502-0586, or email me at: ajohnson@ediscoverynow.net. DISCLAIMER: We are not attorneys.  We are not engaged in rendering legal advice.  We are E-Discovery Project Management Solutions Specialists.  If legal advice is required, the assistance of a competent, qualified legal professional should be obtained. 00:36:00EXDiscovery Nuts and Bolts Webinar0noe-discovery,ESI,electronically stored information,production specification,E-Discovery ProjectThe ESI Production Specification Form will govern the production requirements in connection with your E-Discovery Project.  In order to ensure accuracy, and thhttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/04/27/esi-processing-specificationLegalhttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/04/27/esi-processing-specification/#commentshttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/04/27/esi-processing-specificationSat, 27 Apr 2013 22:00:00 GMTESI Processing Specification The ESI Processing Specification form will be used to govern the processing requirements in connection with your e-discovery project. The ESI Processing Specification form will ascertain the media type and quantity; type of email processing, i.e., Outlok, Lotus Notes, etc.;  native file and attachment processing; database deliverables, and any special instructions, filtering, search terms, and notes. For more information on how to complete the ESI Processing Specification Form, contact A. Johnson & Associates, LLC, at 888-502-0586, or email: ajohnson@ediscoverynow.net. DISCLAIMER:  We are not attorneys.  We are not engaged in rendering legal advice.  We are E-Discovery Project Management Consultants.  If legal advice is required, the assistance of a competent, qualified legal professional should be obtained. 00:31:00EXDiscovery Nuts and Bolts Webinar0noe-discovery,foreclosure,notice of default,notice of sale,lis pendensThe ESI Processing Specification form will be used to govern the processing requirements in connection with your e-discovery project. The ESI Processing Specihttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/04/13/esi-collection-specificationLegalhttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/04/13/esi-collection-specification/#commentshttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/04/13/esi-collection-specificationSat, 13 Apr 2013 22:00:00 GMTESI Collection Specification The ESI Collection Specification document will govern the collection requirements in connection with your e-discvoery project.  Whether you are conducting a full forensic collection or targeted collection, this document will address: Logistics|Geograhic Locations Data Assets to Acquire Custodian Information Targeted Collection Specifications Backup Tapes Deliverables from Collection Vendor Keyword Search Terms For more information on how to utilize the ESI Collection Specification form along with the ESI Identification and Preservation Questionnaire, contact A. Johnson & Associates, LLC at 888-502-0586 or email: ajohnson@ediscoverynow.net. DISCLAIMER: We are not attorneys.  We are not engaged in rendering legal advice.  We are E-Discovery Solutions Specialists.  If legal advice is required, the assistance of a competent, qualified legal professional should be obtained. 00:28:00EXDiscovery Nuts and Bolts Webinar0noe-discovery,electronic data,foreclosure,notice of default,notice of sale under powerThe ESI Collection Specification document will govern the collection requirements in connection with your e-discvoery project.  Whether you are conducting a fuhttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/03/30/e-discovery-identification-and-preservation-questionnaireLegalhttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/03/30/e-discovery-identification-and-preservation-questionnaire/#commentshttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/03/30/e-discovery-identification-and-preservation-questionnaireSat, 30 Mar 2013 22:00:00 GMTE-Discovery Identification and Preservation Questionnaire The Electronic Discovery Identification and Preservation Questionnaire is designed to help identify, preserve, and collect electronically stored information (ESI) for discovery.  The questions contained therein may be best answered by the opposing party's IT personnel.  It is highly recommended that a representative from the Litigation Support Team of the opposing party participate in discussions with the client's IT personnel. The questionnaire will help you narrow the relevant time frame, inquire as to whether a formal Litigation Hold has been implemented, determine if there is a written records retention/destruction policy in place, as well as be informed as to whether any data destruction and auto-deletion policies have been suspended since the institution of litigation. You will also obtain a description of the network infrastructure and organization of ESI, including, but not limited to file servers, email servers, application and web servers.  Also, the most important part of the questionnaire is to find out who are the relevant custodians, their names and locations within or outside the company who may possess or control ESI or paper documents relevant to the litigation. For more information on this topic, please contact A. Johnson & Associates, LLC at 888-502-0586 or email me at ajohnson@ediscoverynow.net. DISCLAIMER:  We are not attorneys.  We are not engaged in rendering legal advice.  We are E-Discovery Project Management Consultants.  If legal advice is required, the assistance of a competent qualified legal professional must be obtained. 00:39:00EXDiscovery Nuts and Bolts Webinar0noe-discovery,foreclosure,notice of acceleration,notice of sale,notice of defaultThe Electronic Discovery Identification and Preservation Questionnaire is designed to help identify, preserve, and collect electronically stored information (Ehttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/03/23/e-discovery-budgetLegalhttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/03/23/e-discovery-budget/#commentshttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/03/23/e-discovery-budgetSat, 23 Mar 2013 22:00:00 GMTE-Discovery Budget The first step in budgeting is to prepare an estimate based upon your best guesses and assumptions about the data to be collected.  Remember, the opposing party will undoubtedly respond to your discovery requests as burdensome, not relevant, overbroad, inaccessible, and too costly.  In anticipation of these objections, you will need to practice what is called "anticipatory e-discovery" to take the steam out of the objections from the opposing party. Some factors to be considered should include: Volume.  Volume is almost always the largest driver of cost.  Mortgage foreclosure issues surrounding Assignments of Mortgage will not encompass a lot of volume. Scope.  It will be wise to start with the smallest possible scope and expand if necessary. Efficiency.  Plan an E-Discovery strategy in advance that will allow for an efficient human review of the documents obtained. Timing.  Time is of the essence.  More time for E-Discovery activities will optimize efficiency and minimize mistakes and costs. Risk.  Mitigating risk up front through agreement and cooperation with the opposing party will help define where you stand and eliminate potential risks in the future. Location. Location. Location.  Where the data is located can affect costs so can the jurisdiction of the case. (Human review will be more accurate when doing small scale review) For more information on e-discovery budgeting contact A. Johnson & Associates, LLC at 888-502-0586, or ajohnson@ediscoverynow.net. DISCLAIMER:  We are not attorneys. We are not engaged in rendering legal advice. If legal advice is required, the assistance of a competent, qualified legal professional should be obtained.     00:43:00EXDiscovery Nuts and Bolts Webinar0noe-discovery,foreclosure,notice of default,notice of sale,bankruptcyThe first step in budgeting is to prepare an estimate based upon your best guesses and assumptions about the data to be collected.  Remember, the opposing parthttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/03/16/rule-26f-adversary-proceeding-recapLegalhttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/03/16/rule-26f-adversary-proceeding-recap/#commentshttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/03/16/rule-26f-adversary-proceeding-recapSat, 16 Mar 2013 22:00:00 GMTRule 26(f) Adversary Proceeding Recap Hello folks, and thank you for tuning in to the show.  In this Audioblog, we will continue where we left off with respect to the applicability of E-Discovery, in particular, the Rule 26(f) to an Adversary Proceeding as described in Rule 7001 and governed by Part VII of the FRBP.  I would like to recap what we have already learned because I have received a plethora of calls from homeowners interested in utilizing bankruptcy as a last resort in efforts to save their homes from a foreclosure sale and subsequent eviction. So, we will touch on this important tool that can be employed to not only protect a homeowner from a foreclosure sale and eviction, but also an eviction, and allow you the opportunity to litigate any issues you may have with respect to wrongful foreclosure. For more information, please contact A. Johnson & Associates, LLC at 888-502-0586 and www.ediscoverynow.net. DISCLAIMER: We are not attorneys.  We are not engaged in rendering legal advice.  We are E-Discovery Solutions Specialists.  If legal advice is required, the assistance of a competent, qualified legal professional should be obtained. 00:20:00EXDiscovery Nuts and Bolts Webinar0noBankruptcy,Foreclosure,Notice of Sale,E-Discovery,Adversary ProceedingHello folks, and thank you for tuning in to the show.  In this Audioblog, we will continue where we left off with respect to the applicability of E-Discovery,http://www.blogtalkradio.com/e-discoverynutsandbolts/2013/03/09/rule-26f-applicable-to-adversary-proceedingsLegalhttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/03/09/rule-26f-applicable-to-adversary-proceedings/#commentshttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/03/09/rule-26f-applicable-to-adversary-proceedingsSat, 09 Mar 2013 23:00:00 GMTRule 26(f) Applicable to Adversary ProceedingsThank you for tuning in to the E-Discovery Nuts and Bolts Audioblog. I am your host, Anthony Johnson. In this audioblog, we will continue our theme surrounding the Rule 26(f) conference. Most folks are unaware that Rule 26(f) is also applicable to Adversary Proceedings in a Bankruptcy filing. The Federal Rules of Bankruptcy Procedure ("FRBP") classify disputes into three categories: (1) contested involuntary proceedings: (2) "adversary proceedings" (as described in Rule 7001 and governed by Part VII of the FRBP), and (3) "contested matters". For purposes of and in relation to e-discovery, as it relates to foreclosure resolution, we will focus on adversary proceedings.If you are in a non-judicial foreclosure state, bankruptcy may be the only logical opportunity to stave off a foreclosure sale. Under Rule 7001, the following proceedings are included: to recover money or property; to determine the extent and validity of a lien on real property; quiet title; injunctive relief, or declaratory relief, just to name a few options.For more information on how to utilize the FRBP Adversary Proceedings clause in a non-judicial foreclosure situation, contact A. Johnson & Associates, LLC at 888-502-0586 or email at ajohnson@ediscoverynow.net.DISCLAIMER: We are not attorneys. We are not engaged in rendering legal advice. We are E-Discovery Solutions Specialists. If legal advice is required, the assistance of a competent, qualified legal professional should be obtained.00:46:00EXDiscovery Nuts and Bolts Webinar0noe-discovery,foreclosure,adversary proceedings,bankruptcy,non-judicial foreclosureThank you for tuning in to the E-Discovery Nuts and Bolts Audioblog. I am your host, Anthony Johnson. In this audioblog, we will continue our theme surroundinhttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/03/02/rule-26f-conference-preparationLegalhttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/03/02/rule-26f-conference-preparation/#commentshttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/03/02/rule-26f-conference-preparationSat, 02 Mar 2013 23:00:00 GMTRule 26(f) Conference PreparationOkay, we've been through the initial phases of liltigation. We've also answered any summons or complaint in foreclosure, submitted requests for production of documents, interrogatories, ESI interrogatories, request for expert witnesses, etc. We are now perusing Bill Hamilton's "Seven Deadly Sins of the Rule 26(f) 'Meet-and-Conter' Conference" excerpt to ensure that we do not commit any of the deadly sins. Now we need to be prepared to speak intellently and articulate the reasons why we are requesting the ESI and the nature and extent of potentially relevant ESI.Below are some questions that will touch on a few of the topics that should be addressed. 1. What are the issues of the case?2. Who are the key players in the case?3. Who are the persons most knowledgeable about ESI systems?4. When did preservation duties and privileges attach?5. Has a "Litigation Hold Notice" been issued?6. If so, what steps have been or will be taken to preserve ESI?7. What third parties hold information that must be preserved?8. What ESI will be claimed as not reasonably accessible, and on what basis?9. Is there a need for an e-discovery special master or mediator?10. How much time is required to identify, collect, process, review, redact and produce ESI?Just to name a few. For more guidance on questions to ask at the Rule 26(f), contact: A. Johnson & Associates, LLC at www.ajohnson@ediscoverynow.net or 888-502-0586.DISCLAIMER: We are not attorneys. We are not engaged in rendering legal advice. We are E-Discovery Solutions Specialists. If legal advice is required, the assistance of a competent, qualified legal professional should be obtained.00:34:00EXDiscovery Nuts and Bolts Webinar0noediscovery,foreclosure,notice of sale,acceleration letter,lis pendensOkay, we've been through the initial phases of liltigation. We've also answered any summons or complaint in foreclosure, submitted requests for production of dhttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/02/23/seven-deadly-sins-of-the-rule-26fLegalhttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/02/23/seven-deadly-sins-of-the-rule-26f/#commentshttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/02/23/seven-deadly-sins-of-the-rule-26fSat, 23 Feb 2013 23:00:00 GMTSeven Deadly Sins of the Rule 26(f)Federal Rules of Civil Procedure 26(f) requires parties in litigation to "...confer as soon as practicable...[and to]...state the parties' views and proposals on...any issues about disclosure or discovery of electronically stored information..."In this audioblog we will talk about how to minimize your e-discovery costs and risks and how to make sure you will be able to ascertain the data you need from the opposition.The information from this episode was taken in part from Dean William Hamilton's "Seven Deadly Sins of th Rule 26(f) 'Meet-and-Confer' Conference" as published by Dean Hamilton, Dean of the Bryan Univeristy E-Discovery Project Management Program, partner at Quarles and Brady, and Chairman of the Association of Certified E-Discovery Specialists (ACEDS), www.aceds.org, the member organization for professionals in the private and public sectors who work in the field of e-discovery. For more information about E-Discovery, contact Dean Hamilton at william.hamilton@bryanuniversity.edu. For consultation on preparation for your Rule 26(f) conference, contact A. Johnson & Associates, LLC at 888-502-0586 or ajohnson@ediscoverynow.net.DISCLAIMER: We are not attorneys and are not engaged in rendering legal advice. We are E-Discovery Project Management Consultants. If legal advice is required, the assistance of a competent, qualified legal professional should be obtained.00:44:00EXDiscovery Nuts and Bolts Webinar0noediscovery,meet and confer,Rule 26f,Lis pendens,notice of saleFederal Rules of Civil Procedure 26(f) requires parties in litigation to "...confer as soon as practicable...[and to]...state the parties' views and proposals ohttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/02/16/techniques-to-narrow-production-scopeLegalhttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/02/16/techniques-to-narrow-production-scope/#commentshttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/02/16/techniques-to-narrow-production-scopeSat, 16 Feb 2013 23:00:00 GMTTechniques to Narrow Production ScopeIf you have even been engaged in litigation, you know that it is a time consuming effort. Once the complaint is filed, the opposing party is on guard to protect the interests of their client. This will include defending against ESI Discovery. Some of the main protections to be employed against your request for the production of electronically stored information will include:• Challenges to the scope of discovery• The discovery requests are too burdensome• The discovery requests are not relevant• The discovery requests are overbroad• The discovery sought is inaccessible• Challenges to samplingThere are techniques that can be deployed to minimize the effect of the above challenges and limit the amount of ESI to be produced, reduce costs, and narrow the scope of discovery.1. Narrow the subject matter of the request to the specific claims or defenses of the case.2. Limit the scope of discovery to a specific individual.3. Limit the search to specific types of files.4. Request load files with metadata! 5. Reach an agreement with opposing counsel as to what ESI is “not reasonably accessible”.For more information, contact A. Johnson & Associates, LLC at 888-502-0586 or www.ediscoverynow.net.DISCLAIMER: We are not attorneys. We are not engaged in rendering legal advice. We are E-Discovery Mediators|Arbitrators|Consultants. If legal advice is required, the assistance of a competent, qualified legal professional should be obtained.00:32:00EXDiscovery Nuts and Bolts Webinar0noediscovery,e-discovery mediation,e-discovery project management,foreclosure,notice of saleIf you have even been engaged in litigation, you know that it is a time consuming effort. Once the complaint is filed, the opposing party is on guard to protechttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/02/09/important-esi-case-lawLegalhttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/02/09/important-esi-case-law/#commentshttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/02/09/important-esi-case-lawSat, 09 Feb 2013 23:00:00 GMTImportant ESI Case LawA legal hold is a directive and an ongoing process to preserve ESI, documents or physical evidence when litigation is reasonably anticipated, imminent, pending or reasonable foreseeable. The following case law will put you on point so that you can make an intelligible argument at your Rule 26(f) Conference, or Case Management Conference in relation to the collection and preservation of ESI.Zubulake v. UBS Warbug: reasonably anticipates litigation.Pension Committe of the University of Montreal Pension Plan v. Banc of America Securities, LLC: failure to collect records from key players constitutes gross negligence.Victor Stanley v. Creative Pipe, Inc. "Victor Stanley II", where Judge Grimm outlined the law of spoliation which outlines his findings on the state of discovery law across the federal circuit courts.Common law and procedural rules in relation to the obligation to preserve evidence when litigation arises.For more information on relevant case law as it relates to ESI, contact A. Johnson & Associates, LLC at 888-502-0586 or www.ediscoverynow.net.DISCLAIMER: We are not attorneys. We are not engaged in rendering legal advice. If legal advice is required, the assistance of a competent, qualified legal professional should be obtained. 01:01:00EXDiscovery Nuts and Bolts Webinar0noediscovery,electronic data,foreclosure resolution,lis pendens,foreclosure mediationA legal hold is a directive and an ongoing process to preserve ESI, documents or physical evidence when litigation is reasonably anticipated, imminent, pendinghttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/02/02/some-rules-you-can-useLegalhttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/02/02/some-rules-you-can-use/#commentshttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/02/02/some-rules-you-can-useSat, 02 Feb 2013 23:00:00 GMTSome Rules You Can UseThank you for tuning in to the E-Discovery Nuts and Bolts Webinar. I am your E-Discovery Consultant, Anthony Johnson.Federal Rules of Civil Procedure 16(a): The court may order a pretrial conference of all parties for such purposes as:• Expediting dispositionFederal Rules of Civil Procedure 26(a)(1): Parties must, without awaiting discovery request, disclose to other parties:• Witnesses who may have discoverable information and description and location of ESI relevant to the case.Federal Rules of Civil Procedure 26(b)(2)(C): Provides the Courts the inherent authority to limit discovery sua sponte or on motion if:• Requests are unreasonably cumulative or duplicativeFederal Rules of Civil Procedure 26(f): Conference Planning Obligations aka “Meet and Confer”. The parties must meet as soon as practicable to:• Consider possibilities for settlement/resolution.Federal Rules of Civil Procedure 26(g): Certification. Every disclosure and discovery request, response, or objection must be signed by at least one attorney of record certifying the disclosure is complete and correct to best of their knowledge, information and belief formed after:• Reasonable inquiry that the disclosures were complete and correct at the time made.For more information about these and other pertinent rules relating to e-discovery, contact A. Johnson & Associates, LLC at 888-502-0586 or www.ediscoverynow.net.DISCLAIMER: We are not attorneys. We are not engaged in rendering legal advice. If legal advice is required, the assistance of a competent, qualified legal professional should be obtained.01:04:00EXDiscovery Nuts and Bolts Webinar0noediscovery,E-Discovery Project Management,ediscovery consultant,foreclosure,debtThank you for tuning in to the E-Discovery Nuts and Bolts Webinar. I am your E-Discovery Consultant, Anthony Johnson.Federal Rules of Civil Procedure 16(a): Thhttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/01/26/forms-types-and-storage-of-esiLegalhttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/01/26/forms-types-and-storage-of-esi/#commentshttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/01/26/forms-types-and-storage-of-esiSat, 26 Jan 2013 23:00:00 GMTForms, Types, and Storage of ESI Hello folks and thank you for tuning in to the E-Discovery Nuts and Bolts Webinar.  I am your E-Discovery Project Management Consultant, Anthony Johnson. In this episode, we will continue to move along the EDRM model and highlight the importance of the different forms, types, and storage of ESI.  There are many different forms of electronically stored information (ESI) that should be considered in your quest to uncover relevant evidence.  Principal “forms” that should be considered when discussing the disclosure of ESI should include: Native File Database Spreadsheet Image ASCII, TEXT, and Conversion Formats, i.e., .PDF and .TIFF Video and Audio Paper ALS and Online ESI Repository Also, there are different “types” of ESI, as well, including: E-mail Word Processing Documents Spreadsheets Voicemail messages and files Backup email files Deleted Emails Data files Program files Backup Archival Tapes Temporary files System History Files For more information on how to uncover forms, types and locations of ESI, please contact A. Johnson & Associates, LLC, E-Discovery Solutions, at 888-502-0586, or www.ediscoverynow.net. DISCLAIMER: We are not attorneys.  We are not engaged in rendering legal advice.  We are E-Discovery Project Management Consultants.  If legal advice is required, the assistance of a competent, qualified legal professional should be obtained.                   00:38:00EXDiscovery Nuts and Bolts Webinar0noe-discovery,ediscovery,electronic data,electronic discovery,foreclosure ediscoveryHello folks and thank you for tuning in to the E-Discovery Nuts and Bolts Webinar.  I am your E-Discovery Project Management Consultant, Anthony Johnson. In thttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/01/19/litigation-hold-memo-what-does-it-containLegalhttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/01/19/litigation-hold-memo-what-does-it-contain/#commentshttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/01/19/litigation-hold-memo-what-does-it-containSat, 19 Jan 2013 23:00:00 GMTLitigation Hold Memo--What Does It Contain? Hello folks and thank you for tuning in to another exciting episode of the E-Discovery Nuts and Bolts Webinar.  I am your host and E-Discovery Practitioner, Anthony Johnson.  In this episode, we will continue our theme on the Litigation Hold or Legal Hold because we have received an abundance of feedback from our listening audience on this topic.  And that should very well be the case.  The implementation of a "litigation" or "legal" hold is one of the most important, if not the most important, part of your litigation.  The failure to preserve evidence, electronically stored information, or otherwise, can and will have devastating consequences.  The Litigation Hold Memo should contain: Basic facts Discussion of obligation, brief explanation Description of material to be preserved Reference to usual retention this supercedes Point person for questions Acknowledgement One must follow up once the litigation hold is issued.  You should periodically revisit the scope and recipients of the hold in light of case developments.  Finally, one must be prudent to release the hold at the end of the case so that the suspension of routine document retention/destruction policies may resume normal operations. For further analysis of the issuance of a Litigation Hold to your particular situation contact A. Johnson & Associates, LLC, 888-502-0586 or www.ediscoverynow.net. DISCLAIMER: We are not attorneys.  We are not engaged in rendering legal advice.  We are E-Discovery Mediators|Conslutants.  If legal advice is required, the assistance of a competent, qualified legal professional should be obtained. 00:37:00EXDiscovery Nuts and Bolts Webinar0noe-discovery,electronic data,litigation hold,legal hold,data preservationHello folks and thank you for tuning in to another exciting episode of the E-Discovery Nuts and Bolts Webinar.  I am your host and E-Discovery Practitioner, Anhttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/01/12/the-litigation-hold-noticeLegalhttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/01/12/the-litigation-hold-notice/#commentshttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/01/12/the-litigation-hold-noticeSat, 12 Jan 2013 23:00:00 GMTThe Litigation Hold Notice Hello folks and thank you for tuning in to another episode of the E-Discovery Nuts and Bolts Webinar.  I am your host, Anthony Johnson. In this episode, we will talk about the "Litigation Hold" notice and how it relates to your situation, whether it is foreclosure, consumer debt, medical debt, or workplace conflict resolution.  A legal hold or litigation hold is a directive and an ongoing process to preserve electronically stored information, documents or physical evidence pertaining to your issue.  Unlike traditional, paper-based discovery, the failure to request the immediate preservation of electronic information can result in its loss.  Electronic data can be deleted or altered inadvertently or intentionally.  So, you want to be sure that the other side is aware of the types of data you will need in efforts to move the litigation forward.  Your letter requesting preservation of ESI should be sent immediately to the opposing party and outline the claims, persons connected with the claims and possible sources of electronic evidence. For more information on the implementation of a Litigation Hold, please contact A. Johnson & Associates, LLC at 888-502-0586 or www.ediscoverynow.net. DISCLAIMER: We are not attorneys.  We are not engaged in rendering legal advice.  We are E-Discovery Solutions Specialists.  If legal advice is required, the assistance of a competent, qualified legal professional should be obtained. 00:44:00EXDiscovery Nuts and Bolts Webinar0noForeclosure,Consumer Debt,Conflict resolution,Notice of Sale,Notice of AccelerationHello folks and thank you for tuning in to another episode of the E-Discovery Nuts and Bolts Webinar.  I am your host, Anthony Johnson. In this episode, we wihttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/01/05/introduction-to-electronic-discovery-and-evidenceLegalhttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/01/05/introduction-to-electronic-discovery-and-evidence/#commentshttp://www.blogtalkradio.com/e-discoverynutsandbolts/2013/01/05/introduction-to-electronic-discovery-and-evidenceSat, 05 Jan 2013 23:00:00 GMTIntroduction to Electronic Discovery and Evidence Hello folks and thank you for tuning in to the inaugural episode of the E-Discovery Nuts and Bolts Webinar.  I am your E-Discovery Consultant, Anthony Johnson. In this episode, we will talk about the basics of e-discovery, what e-discovery is, and how to request electronic information.  Whether your case is large or small, or whether you are a sole practitioner, a paralegal in a large firm, or pro se litigant, discovery issues relating to electronically stored information (ESI) will have to be addressed and resolved. Ninety-nine (99%) of all documents are created and stored electronically and all litigants have a duty to request and disclose responsive electronic evidence in their cases.  Whether you are a homeowner who just received a Lis Pendens or Notice of Foreclosure, or a consumer who had just received a summons to appear in court on a debt matter, you can request the opposing party to produce electronically stored information (ESI) to substantiate the standing to bring the action against you. ESI includes e-mail, spreadsheets, word processing documents, audio, video, or any content in a digital format. For further information on how to understand electronic evidence as it relates to your situation, contact A. Johnson & Associates, LLC, 888-502-0586, or www.ediscoverynow.net. DISCLAIMER:  We are not attorneys.  We are not engaged in rendering legal advice.  We are E-Discovery Consultants.  If legal advice is required, the assistance of a competent, qualified legal professional should be obtained.  00:55:00EXDiscovery Nuts and Bolts Webinar0noForeclosure,Notice of Default,Notice of Sale,Debt,Civil SummonsHello folks and thank you for tuning in to the inaugural episode of the E-Discovery Nuts and Bolts Webinar.  I am your E-Discovery Consultant, Anthony Johnson.