+Mary Mack

Books, articles and other writings


eDiscovery for Corporate Counsel.

In its 5th edition, co-editor Carole Basri and I steward the treatise published by Thomson Reuters West.

eDiscovery for Corporate Counsel offers discussion of litigation readiness, cost-control strategies, team development, and crisis management by leading corporate counsel, outside counsel, and service providers. It includes:

  • Quick, cost-effective practical tips, checklists, and samples for managing the e-discovery process
  • Litigation-ready e-retention policies
  • Discussion of the impact of the Federal Rules of Civil Procedure on electronic data management
  • Coverage of topics such as technology basics, attorney-client privilege, legal holds and preservation of evidence, inadvertent transmission of documents, and more
  • An introduction with comments from several magistrate judges hearing electronic discovery disputes and shaping written opinion
  • HR-ready job descriptions for directors and technology counsel
  • Checklists to help boards of directors avoid liability
  • Materials from The Sedona Conference glossary
  • Caselaw updates
  • Topic-area specifics, e.g. e-discovery for intellectual property, antitrust, employment, and privacy
  • Updated chapter with analysis of adoption of federal ediscovery rules in the states, including a handy quick-reference chart of state ediscovery rules

A Process of Illumination: The Practical Guide to Electronic Discovery

Co-authored with Matt Deniston back in July 2004, and later, updated by myself in 2008.  While dated, this book is a quick read, with scenarios and workflow that stand the test of time.  Still used by OLP in their eDiscovery certification class.  While there are only a few copies left in print and hence, the high price, there is a thriving used market.

The Collapse of Washington Mutual: An Immediate Look at the Legal, Governmental, and Economic Ramifications of the Failure of a Major Consumer Bank (Aspatore Special Report).

With Byron C. Moldo Joseph W. Bartlett, a small pamphlet sized book published as the financial crisis began by Thomson Reuters’ specialty publisher.

Electronic Evidence Management:  From Creation to Litigation

Co-Authored with Steve Pattison in August of 2005, this book focused on information governance, and the lifecycle of “evidence”.

White Papers:

Mary Mack, ZyLAB, E-mail Archiving: Your First Step towards Enterprise Information Archiving, available from ZyLAB (registration).

Johannes C. Scholtes, Tim van Cann, Mary Mack, The Impact of Incorrect Training Sets and Rolling Collections on Technology-Assisted Review, formal study submitted to DESI IV in Rome, Jason Baron’s conference.

Mary Mack, ZyLAB, Rules-Based Coding Avoids Risks And Landmines In Predictive Codinghttp://bit.ly/T2LVvg (August 2012)


Interviews with Al Driver, editor of Metropolitan Corporate Counsel

The Metropolitan Corporate Counsel is a labor of love of Al and Martha Driver, focused on the needs of in house counsel.  Al Driver, former GC for JC Penny, asked me to read the 2006 amendments for an interview in 2004.  I didn’t see the cost savings to corporations that others saw, which at the time was a distinctly minority view.  Over the years, we have had lively conversations on many topics.  I always learn something new from his incisive questions.  The link below will take you to the main Metropolitan Corporate Counsel site, where you can choose.

Metropolitan Corporate Counsel interviews

Greg Bufithes posts

I met Greg at the International Litigation Support Leaders Conference where he told me of his idea to create a reading room, and asked for some content.  Less than 10 years later, Greg is a media mogul.  I used to joke about that with him, but it is quite true.  I love his posts about neuroscience and economics and Greece–and am grateful when he posts about my meanderings.

The Posse List posts

ACC Docket

The ACC Docket is the magazine of the Association of Corporate Counsel.  I am grateful to Kim Howard for her masterful editing.

ACC Docket, Proportionality Now, October 2010

Mary Mack with Dennis Kiker and Tom Mighell, ACC Docket, May 2009, Effective Management of Legal Holds and eDiscovery

E-Discovery Advisor Magazine

Back in the day,  when I was coding for a living, I would read d-base Advisor and Foxbase Advisor from cover to cover.  I was thrilled to work with the Advisor Group when they focused on eDiscovery–for just a short while.

Mary Mack, When Does a Document Become Evidence?, E-DISCOVERY ADVISOR MAGAZINE, Volume 02, Issue01 (2006).
Mary Mack,The Impact of 120 Days on E-Discovery, E-DISCOVERY ADVISOR, July–Aug. 2006

Various legal and technical publications

Mary Mack, E-Discovery Update – by Fios Inc.: Cost Savings With New Federal Rules of Civil Procedure for e-Discovery? LLRX.com(January 2006)
Mary Mack, “Native File Review: Simplifying Electronic Discovery?” in Law Journal Newsletters Legal Tech Newsletter, Vol. 23, No. 2 (May 2005) formerly at http://www.ljnonline.com/alm?It

Mary Mack, IT-and-Litigation CIO Update, (October 2004)

Mary Mack, Electronic Discovery v. Computer Forensics: The Differences You Need to Know, Online Security Community Forum, October 2003

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