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Professional Practice Electronic Discovery

Read need-to-know updates, commentary, and analysis on Professional Practice issues written by leading professionals.

Stakeholder Symphony: 4 Ways Orchestrated E-Discovery Cuts Costs, Delays, and Errors

by Exterro, Inc. on

New Tech, Old Tricks: New technologies, data types, applications, updates to the Federal Rules of Civil Procedure, case law – E-Discovery is evolving faster than ever. And while many legal teams are investing in...more

Need an “Assist” with Your eDiscovery Practices? Get an eDiscovery Assistant!: eDiscovery Best Practices

by CloudNine on

eDiscovery Assistant™ is a site developed by ESI Attorneys that was built by attorneys and information law practitioners to provide several resources to help people get started — faster and with confidence — in eDiscovery. ...more

The Challenge of Releasing Legal Holds and Disposing of ESI

by Exterro, Inc. on

On paper, releasing a legal hold seems fairly straightforward. A matter reaches a resolution, preservation obligations are lifted, the legal team informs custodians and data stewards that they are no longer required to retain...more

Is the eDiscovery Business “Tide” Rising or Falling?: eDiscovery Trends

by CloudNine on

In eDiscovery business, are you swept away with optimism or feeling under water? Voice your opinion in the latest quarterly eDiscovery Business Confidence Survey! This time, it’s the Summer 2017 eDiscovery Business...more

Sure, No Keyword Before TAR, But What About Keyword Instead of TAR?: eDiscovery Best Practices

by CloudNine on

Last month, we discussed whether to perform keyword search culling before performing Predictive Coding/Technology Assisted Review (TAR) and, like many have concluded before (even a judge in FCA US, LLC v. Cummins, Inc.), we...more

[Webinar] Key eDiscovery Case Law Review for First Half of 2017 - July 26th, 12:00pm CT

by CloudNine on

The best predictor of future behavior is relevant past behavior. Nowhere is that truer than with legal precedents set by past case law decisions, especially when it relates to eDiscovery best practices. This CLE-approved*...more

That Was Random: eDiscovery Best Practices

by CloudNine on

This may be the shortest title ever in this history of this blog. In the first year of the blog’s existence (when we had a lot fewer subscribers and readers than we do now), we did a three part series on how to perform an...more

Integrating Structured Data Into the E-Discovery Process

by Exterro, Inc. on

As data volumes increase and become more complex, having an integrated e-discovery environment where systems and data sources are automatically syncing information and exchanging data with e-discovery applications has become...more

How Smart Collaboration Can Bring Long Term Gains to Legal Teams (Guest Blogger Heidi Gardner, PhD, Harvard Law School)

by Exterro, Inc. on

On Lawyers and Collaboration: If we’re honest, lawyers have historically been rewarded much more as individuals than as team players. They are rewarded for climbing up the pyramid in a very brutal tournament system that...more

Over 80 Percent of Hacking Related Breaches Were Related to Password Issues: Cybersecurity Trends

by CloudNine on

I’ve referred to last year’s Verizon Data Breach Investigations Report (DBIR) in several webcasts lately (including this one) and realized that this year’s report should have already come out by now. Sure enough it has,...more

The “Belt and Suspenders” Approach for Effective Communication: eDiscovery Best Practices

by CloudNine on

Having recently experienced a potential communication issue with a client, I thought it would be a good time to revisit this topic…...more

Free Visual Guide! ESI Types Found in Microsoft Office 365

by Exterro, Inc. on

Not so long ago, the idea of moving a company’s data to the cloud seemed a risky endeavor. But over the last two years, those fears have melted away, and there’s no better example of this than the large number of...more

[Webinar] ACEDS Webinar: eDiscovery Pitfalls and Potholes to Avoid - June 14th, 12:00pm CT

by CloudNine on

If you’ve conducted discovery for litigation, investigations or audits, you know that “Murphy’s Law” dictates that a number of “pitfalls” and “potholes” could occur that can derail your project. These issues can add...more

[Webinar] How SaaS Automation Has Revolutionized eDiscovery for Solo and Small Firms - June 28th, 10:00am PT

by CloudNine on

Until recently, state of the art eDiscovery technology was only available to the largest law firms and corporations. Smaller firms and organizations were essentially priced out of the market and couldn’t afford the solutions...more

Are Investment Activities Slowing Down in eDiscovery?: eDiscovery Trends

by CloudNine on

As I’ve discussed before and revisit from time to time, to get the latest list of mergers, acquisitions and investments in eDiscovery, you can go to Rob Robinson’s Complex Discovery site. His site keeps a running list of...more

Few States Still Have an Ethics Opinion Regarding Lawyer Cloud Usage: eDiscovery Best Practices

by CloudNine on

The Legal Technology Resource Center (LTRC) of the American Bar Association’s (ABA) web site has a great resource for those who want more information regarding a variety of technical topics, including the ethics for lawyers...more

The Heart of the Matter: Cutting E-Discovery Review Costs by Tracking Relevancy Rates (and Other Metrics)

by Exterro, Inc. on

With different fact patterns, laws, custodians, and companies, every review is going to be unique. When outside review teams are used for a company, multiple groups are doing different things in different ways, and it's very...more

The Quiet Amendment: How E-Discovery Practitioners Benefit from Upcoming Changes to FRE Rule 902

by Exterro, Inc. on

A year and a half ago, the world of e-discovery was abuzz with Federal Rules amendment talk. And rightly so – the changes then greatly affected the process, particularly with Reasonableness (Rule 37) and Proportionality (Rule...more

Is Pricing Transparency Finally Happening in eDiscovery?: eDiscovery Trends

by CloudNine on

An age old issue in eDiscovery has been understanding and comparing pricing between various vendors and service providers. It’s the old “apples vs. oranges” comparison when considering pricing. A new article, which...more

Reporting From the EDRM-Duke Law 2017 Spring Workshop: eDiscovery Best Practices

by CloudNine on

This blog post is a little longer than most as there is a lot to cover here… This week, EDRM held its first Spring Workshop since it was acquired by Duke Law last August, which means this was the first workshop held at...more

It’s Not the Size That Matters, It’s What You Do With It: eDiscovery Best Practices

by CloudNine on

...We certainly have talked a lot about the impact of Big Data and the Internet of Things on this blog as new challenges presented to today’s attorneys, and they are, but challenges have always existed for attorneys in...more

E-Discovery in a Galaxy Far Far Away: Information Governance in Rogue One and Star Wars Rebels

by Exterro, Inc. on

Who knew that behind the scenes of the battle against the Galactic Empire and the Dark Side of the Force, one of the biggest weapons in the arsenal of the Rebel Alliance was e-discovery. In the more recent additions to the...more

Do We Have a Confidence “Spring” in Our Step in 2017?: eDiscovery Trends

by CloudNine on

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

Interview with Robert Childress, CEO of The Master’s Conference: eDiscovery Trends

by CloudNine on

As I mentioned earlier this month, The Master’s Conference is kicking off its 11th year with an event in San Francisco today. As part of our commitment to eDiscovery education, I’m delighted to be participating in the series...more

What’s Changed and What’s Next for EDRM at Duke: eDiscovery Trends

by CloudNine on

As we’ve discussed, EDRM was recently acquired by Duke Law School’s Center for Judicial Studies. How will this new partnership change EDRM? Yesterday, EDRM and Duke Law conducted a webinar to discuss the future of EDRM at...more

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