Electronic Discovery Updates

Read Electronic Discovery updates, articles, and commentary from leading lawyers, law firms, and legal consultants:
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It May Be FALL, But eDiscovery Business Confidence Is On The RISE: eDiscovery Trends

The results are in from the ACEDS and Complex Discovery Fall 2016 eDiscovery Business Confidence Survey, which was conducted last month and (as was the case for the Winter, Spring and Summer surveys) the results are published...more

Update on Electricity Rate Relief Program for Ontario Businesses

The expansion of Ontario’s Industrial Conservation Initiative (ICI) to provide electricity rate relief to more businesses comes into effect on January 1, 2017. Businesses who want to participate in the expanded ICI program...more

Evolution of eDiscovery Automation – Looking Back and Looking Forward: eDiscovery Trends

How has eDiscovery automation technology evolved over the years?  Where is it headed?  What is the current state of acceptance for Technology Assisted Review (TAR) within courts and within the bar?  How do the different TAR...more

From Federal Procedure Rules to State Bar Association Rules —Lawyers Need Tech Skills to Remain Competent

Today, amendments to the Federal Rules of Appellate, Civil, Criminal, and Bankruptcy Procedure go into effect. Based on these amendments, litigators may want to brush up on their tech skills. In fact, litigators may be...more

Defendant Ordered to Produce Source Code Responsive to Agreed Upon Search Protocol: eDiscovery Case Law

In ACI Worldwide Corp. v. MasterCard Technologies, LLC et. al., No. 14-31 (D. Nebraska, Oct. 27, 2016), Nebraska Magistrate Judge F.A. Gossett granted the plaintiff’s Motion to Compel Production of the defendant’s Full Source...more

By 2020, 92 Percent of Everything We Do Will Be in The Cloud: eDiscovery Trends

In this case, I guess you could say that foresight is 2020… :o) Before I begin, though, I should note that: Today is the last day to participate in the quarterly eDiscovery Business Confidence Survey being conducted by...more

Trump Administration Expected to Change Emphasis on Energy Sources and Seek to Reverse or Limit Many Environmental and Climate...

Presidential elections matter. President-elect Donald Trump has pledged to drastically change the federal government’s role and policies in relation to energy, the environment, and climate change. Reducing regulation was...more

With No Proof of Duty to Preserve or Bad Faith, Plaintiffs’ Request for Sanctions is Denied: eDiscovery Case Law

In Reyes et. al. v. Julia Place Condominiums Homeowners Association, Inc., et. al., No. 12-2043 (E.D.L.A., Oct. 7, 2016), Louisiana District Judge Carl J. Barbier, in denying the plaintiffs’ request for sanctions, stated that...more

The Light that Shone One Dim Winter Afternoon: The Story of the First E-Discovery Day Celebration

E-Discovery Day is just around the corner, and people are already gearing up for a great lineup of webcasts with speakers from across the industry, as well as live events in various cities across the US. December 1st is the...more

Is Office 365 Alone Sufficient to Address Your eDiscovery Obligations?

Office 365 is moving mainstream eDiscovery off-premises, making Microsoft compelling and convenient for many organizations. If you’re an IT, legal, compliance or HR professional and answered “yes” to the question posed above,...more

E-Discovery Day 2.0: eDiscovery Trends

We’ve recently celebrated Halloween, we’re about to celebrate Thanksgiving. Guess what we celebrate next? You guessed it, it’s…E-Discovery Day!* As the site for E-Discovery Day states, “[o]n December 1, 2016, thousands...more

What if your E-Discovery Process was Like Thanksgiving Dinner?

The buzz around the office this week has been about turkey, dressing, and all the fixings (and of course the days of leftovers that follow!). But the key to Thanksgiving Dinner isn’t in the consumption but in the preparation....more

The Fall Version of The eDiscovery Business Confidence Survey Has a Canadian Influence: eDiscovery Trends

With everything else we’ve been covering, we’ve been remiss to mention that it’s time for another round of the quarterly eDiscovery Business Confidence Survey created by Rob Robinson and conducted on his terrific Complex...more

Public Comment Period Extended for Commentary on Defense of Process: eDiscovery Best Practices

As we noted a couple of months ago, The Sedona Conference® Working Group on Electronic Document Retention and Production (WG1) has issued a Public Comment Version of a new Principles and Guidelines for Developing and...more

Three Ways that eDiscovery is Safer in the Cloud: eDiscovery Trends

I missed this article when it was published a couple of weeks ago (and have actually presented in a CLE program with the author since), but it still seems timely to cover especially in light of our post on Monday regarding...more

Comic Book E-Discovery: Writer Ben Percy & Attorney Josh Gilliland Weigh In on the Legal World of DC's Green Arrow

Some people might think of comic books as flights of fancy filled with characters wielding supernatural powers to fight foes from other planets, and yes, that’s true. But there are other comics that, while still being...more

Defendant Sanctioned for Failing to Preserve Text Messages and Failing to Produce Native Format Data: eDiscovery Case Law

In First Financial Security, Inc. v. Freedom Equity Group, LLC, No. 15-1893 (N.D. Cal., Oct. 7, 2016), California Magistrate Judge Howard R. Lloyd issued permissive adverse inference instruction sanctions against the...more

Be an Analytics 50 Superstar: Revisit the Past in Your Data to Predict the Future

Studies show that it costs companies millions of dollars or more every time they re-review the same document that is part of a legal or compliance case. In fact, lawyers often review the same document dozens of times or...more

Not an LOL Matter: Court Provides Guidance on Steps Litigants Should Take to Preserve Text Messages

We’ve all been there. Your friends throw you in the pool with your phone in your pocket. You repeatedly slice your finger on shards of glass from your phone’s shattered screen. Or, maybe you forget your phone isn’t waterproof...more

Do Lawyers Actually Realize When They’re Using the Cloud?: eDiscovery Trends

In his LawSites blog last week, Bob Ambrogi reported on results from the 2016 Legal Technology Survey Report by the American Bar Association’s Legal Technology Resource Center. One of the more notable statistics from the...more

Court Orders Forensic Examination of Key Custodian Computers: eDiscovery Case Law

In Davis v. Crescent Electric Company et. al., No. 12-5008 (D. S.D., Oct. 12, 2016), South Dakota District Judge Lawrence L. Piersol ruled that a non-disclosure agreement would sufficiently protect any and all confidential...more

According To This New Report, eDiscovery Market Expected to Nearly Triple in Five Years: eDiscovery Trends

According to a new market research report, the eDiscovery market is estimated to grow from $7.89 Billion (US) in 2016 to $22.62 Billion by 2021, at a Compound Annual Growth Rate (CAGR) of 23.4% from 2016 to 2021....more

Defendant Not Required to Use Predictive Coding by Court: eDiscovery Case Law

Regardless how the election turned out last night, eDiscovery case law marches on… In the case In re Viagra Products Liability Litigation, 16-02691 (N.D. Cali., Oct. 14, 2016), California Magistrate Judge Sallie Kim,...more

The future of legal service delivery

The rise of cognitive technologies has led doomsayers to predict that the future of the legal profession will be presided over by an army of robot lawyers. Whilst it is important to recognize that the delivery of legal...more

E-Discovery Technology is your Trump Card: Document Review in Way Less than 8 Days

Maybe one positive thing that came from this election cycle – at least for those of us working in the world of e-discovery and information governance – is that our world hit the mainstream. Over the weekend, Donald Trump...more

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