Electronic Discovery Updates

Read Electronic Discovery updates, articles, and commentary from leading lawyers, law firms, and legal consultants:
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“Alexa, Are My Questions to You Discoverable?”

The Amazon Echo is a hands-free speaker controlled with your voice. It features a personal assistant, “Alexa,” who will perform various tasks for the user in response to the “wake word,” Alexa. Over the holidays, I observed...more

Be a Jetson, Not a Flintstone: 7 Tips for Social, Mobile, & Cloud in E-Discovery

We’re all used to how quickly technology changes these days – one moment something is all the rage (remember Pokemon Go?) and within months, it’s ancient history. Those platforms that do stand the test of time become so...more

EDRM Rolls Out a New Website: eDiscovery Trends

When I interviewed George Socha for the seventh annual Legaltech thought leader interview series (which we will publish tomorrow), one thing he mentioned was the EDRM is rolling out a new web site. Last week, the new site...more

Mary Mack of ACEDS: eDiscovery Trends

This is the third of the 2017 Legaltech New York (LTNY) Thought Leader Interview series. eDiscovery Daily interviewed several thought leaders at LTNY (aka Legalweek) this year to get their observations regarding trends at...more

David Horrigan of kCura: eDiscovery Trends

This is the second of the 2017 Legaltech New York (LTNY) Thought Leader Interview series. eDiscovery Daily interviewed several thought leaders at LTNY (aka Legalweek) this year to get their observations regarding trends at...more

Court Defines Narrowed Scope for Requests for Social Media Data: eDiscovery Case Law

In Scott v. United States Postal Service, No. 15-712-BAJ-EWD (M.D. La. Dec. 27, 2016), Louisiana Magistrate Judge Erin Wilder-Doomes granted the defendant’s Motion to Compel Discovery in part, ordering the plaintiff to...more

What Really Matters in eDiscovery Workflow

Conceptually eDiscovery isn’t that hard to grasp. In practice, it’s a different story. In all but the smallest matters, it’s an intricate web of people, processes, and technology. No wonder some lawyers would still rather not...more

Brad Jenkins of CloudNine: eDiscovery Trends

This is the first of the 2017 LegalTech New York (LTNY) Thought Leader Interview series. eDiscovery Daily interviewed several thought leaders at LTNY (aka LegalWeek) this year to get their observations regarding trends at...more

More Proposed Changes to the Federal Rules that Will Inevitably Impact Electronic Discovery and Federal Practitioners

The Federal Rules are undergoing more changes! And, effective December 1, 2017, there will be two new Federal Rules of Evidence (Rules 902[13], [14]) that will directly impact e-discovery in the federal courts. These Rule...more

Is Cooperation Between Parties the Key to E-Discovery Success? (Yerich & Klingsporn)

Perspective One: David Yerich, Esq. Director of E-Discovery, UnitedHealth Group - Cooperation is critical for life. It is how individuals overcome personal limits and underpins all human achievements. It is the bedrock...more

Metadata Plays Key Role in $10.8 Million Whistleblower Lawsuit Verdict: eDiscovery Case Law

Earlier this month, federal jurors awarded nearly $8 million to the former general counsel of a company who says he was fired because he blew the whistle on his company’s potential violation of a foreign bribery law. That...more

Looking Back on 2015: The 6 Most Important eDiscovery Cases in Delaware - Part 3

This is the third in a series of posts summarizing the 6 most important eDiscovery cases in Delaware in 2015. Pfizer, Inc. v. Amgen Fremont Inc., C.A. No. 10667-VCL, Hearing on Cross Motions to Compel and Rulings of the...more

I Don’t Mean to Be Critical, But Here are Some Critical Trends: eDiscovery Trends

It must be our week for surveys.  Yesterday, we covered the Complex Discovery Winter 2017 eDiscovery Business Confidence Survey results.  Here’s another set of surveys that look at critical trends for AmLaw 200 law firms and...more

Court Rules That Proportionality And Cooperation Are Essential In Resolving E-Discovery Disputes

Magistrate Judge R. Steven Whalen agreed with UPS that it did not have to spend six months and $120,000 to recover data stored on backup tapes that may not be relevant to the case if UPS prevails in its efforts to limit the...more

Are We More Confident in eDiscovery Business Than We Were a Year Ago?: eDiscovery Trends

The results are in from the Complex Discovery Winter 2017 eDiscovery Business Confidence Survey, which has just concluded and (as was the case for the 2016 Winter, Spring, Summer and Fall surveys) the results are published on...more

ESI Discovery Best Practices, Part 7 – New FRCP One Year In – ESI Game Changer or Business As Usual?

I was recently reminded that it has been over a year since my last ESI-related blog. My excuse is that I wanted to allow the new Federal Rules of Civil Procedure addressing ESI to percolate before writing on the...more

An Exterro E-Discovery Adventure

My guess is that anyone who was alive in the 1980's has chosen their own adventure at least a few times. The Choose Your Own Adventure books were some of my favorites as a kid, an affordable and portable interactive fantasy...more

Thoughts About LegalTech New York 2017: eDiscovery Trends

Another LegalTech New York (LTNY) – or “LegalWeek” as they now like to call the event – is in the books.  What did attendees at the conference think about this year’s show?  Let’s take a look....more

Litigation Alert: Pennsylvania Court Holds Google Must Produce Emails Stored Overseas

Last week, in In re Search Warrants Nos. 16-960-M-01and 16-1061-M to Google, a federal magistrate judge in the Eastern District of Pennsylvania ordered Google to comply with three search warrants to turn over users’...more

With No Intent or Duty to Preserve, Court Finds No Spoliation Occurred: eDiscovery Case Law

In Archer et. al. v. York City School District, et. al., No. 13-2826 (M.D. Pa., Dec. 28, 2016), Pennsylvania District Judge John E. Jones, III ruled that the plaintiffs had presented no evidence showing that the defendants...more

Mission Possible: Big Data Analytics Strategies to Help You Succeed in the Second Machine Age (aka Musings from Legalweek 2017)

At last week’s Legalweek show. in New York City, one of the salient themes was how law firms and corporate legal departments are preparing for the future, developing tools and techniques for operational efficiencies and...more

TAR Transparency Required in New DOJ Model Second Request

On December 12, 2016 the US Department of Justice (DOJ) Antitrust Division implemented an updated Model Second Request (Model), containing new guidance on the use of Technology Assisted Review (TAR) in responding to DOJ...more

E-Discovery Update: Get Your Metadata Straight

Tired of hearing about metadata? Here’s one case where it made a difference. In Singh v. Hancock Natural Res. Group, Inc., et al., 2016 U.S. Dist. LEXIS 179974 (E.D. Cal. Dec. 29, 2016), the parties had agreed to produce...more

Court Orders Plaintiff to Produce Emails with Original Metadata: eDiscovery Case Law

In Singh et. al. v. Hancock Natural Resources Group, Inc. et. al., No. 15-1435 (E.D. Cal., Dec. 29, 2016), California Magistrate Judge Jennifer L. Thurston granted the defendants’ motion to compel (in part), ordering the...more

Want to Get Primed for TAR? The Sedona Conference Has You Covered

The Sedona Conference recently announced the release of its Technology Assisted Review (TAR) Case Law Primer. While this final version of the primer will be published in the Summer 2017 Sedona Conference Journal. Why is...more

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