News & Analysis as of

Electronic Discovery Civil Procedure Professional Practice

Read Electronic Discovery updates, articles, and commentary from leading lawyers, law firms, and legal consultants:

Avoiding Glittering Generalities in Selecting eDiscovery Software – Considering Cost: eDiscovery Best Practices

by CloudNine on

...Budgetary constraints are a common hurdle for law firms and legal departments seeking to address the legal, technological, and business elements of eDiscovery. This economic constraint is compounded by the lack of...more

Avoiding Glittering Generalities in Selecting eDiscovery Software – Considering Complexity: eDiscovery Best Practices

by CloudNine on

...The ability of eDiscovery software to deal with data complexity such as being able to ingest and process an increasing number of data formats is one of the most important challenges faced by eDiscovery professionals today....more

E-Discovery and Big Data Partner Up (Or How to Cut Time and Costs by 50%)

by Exterro, Inc. on

Imagine finding a specialty wrench in a garage that is clean and ordered, one where everything has a specific place and those places were chosen based on practicality and ease of use. Now imagine trying to find the same...more

Avoiding Glittering Generalities in Selecting eDiscovery Software – Considering Capability: eDiscovery Best Practices

by CloudNine on

...Once the security of a potential solution has been considered, the next reasonable area of examination and evaluation is that of capability. Assessing capability is just determining whether or not a solution can accomplish...more

Avoiding Glittering Generalities in Selecting eDiscovery Software – Considering Security: eDiscovery Best Practices

by CloudNine on

...The security of data is fast becoming one of the most prominent and visible areas of concern in the selection of eDiscovery software solutions. With public examples of data security failures increasing in regularity and...more

Avoiding Glittering Generalities in Selecting eDiscovery Software: eDiscovery Best Practices

by CloudNine on

...Forget the glittering generalities of opinioned providers and professionals trying to champion a particular approach to eDiscovery at the exclusion of others. The reality is that on-premise and off-premise solutions...more

Be Prepared! Don’t Show Up to Your Rule 26(F) Meet-and-Confer With Nothing But a Boilerplate

by Exterro, Inc. on

FRCP Rule 26(f) stipulates a conference of the parties so that they might plan for discover. - Who: The attorneys of record and all unrepresented parties that have appeared in the case - What: Parties must consider the...more

When You Have a Lot of Custodians, Life Can Be a Batch: eDiscovery Best Practices

by CloudNine on

After Tom O’Connor and I hosted the webcast On Premise or Off Premise? A Look At Security Approaches to eDiscovery where we discussed the pros and cons of on premise and off premise (i.e., cloud) solutions last month, I...more

How Much Circumstantial Evidence is Enough for Spoliation Sanctions?

by Exterro, Inc. on

We’ve all heard, “It’s not whether you win or lose, but how you play the game.” But how you play the game is often a big part of ending up on the winning side in e-discovery. In today’s world, it has almost become normal that...more

“Primed” to Learn About Rule 34 of the FRCP? Here’s a New Primer from The Sedona Conference: eDiscovery Best Practices

by CloudNine on

As Tom O’Connor and I discussed last week in our ACEDS webinar Key eDiscovery Case Law Review for First Half of 2017 (here’s a link if you missed it), we’re seeing lots of cases that relate to disputes associated with Rule 34...more

Boston Red Sox Caught Using Apple Watches to Steal Signals from Yankees During Games

by Exterro, Inc. on

“Boston Red Sox Used Spy Watches to Steal Signs Against Yankees!” It’s a headline that you could imagine being in a 1950’s comic book, but in 2017 this type of thing has become fairly normal. In this case, the New York Times...more

Nebraska is the Twenty Eighth State to Adopt Duty of Technology Competence: eDiscovery Trends

by CloudNine on

One of my favorite legal blogs is the LawSites blog by Bob Ambrogi. Bob is a prolific blogger who writes several posts a week, not only on his LawSites blog, but also on MediaLaw, and he co-authors Law.com’s Legal Blog...more

What I Learned from Finding Nemo About Custodian Identification in E-Discovery Matters

by Exterro, Inc. on

In Pixar’s wonderful animated feature, “Finding Nemo,” Marlin, a clown fish who lives in the Great Barrier Reef (and is the title character’s dad), spends nearly the entire film trying to find his son, Nemo, by locating,...more

Ten Items to Keep in Mind When Considering Cloud Providers: Cybersecurity Best Practices

by CloudNine on

In my webcast discussion with Tom O’Connor yesterday, we had a terrific discussion of several pros and cons of both on-premise and off-premise (cloud) eDiscovery technology solutions as well as other factors to consider...more

Is the single end-to-end e-discovery platform a unicorn? Not according to this legal team!

by Exterro, Inc. on

In the e-discovery world, common knowledge says that a true end-to-end in-house process/single software solution doesn’t exist. But Linda Luperchio, Director of Information Lifecycle Governance and E-Discovery at Hanover,...more

Thursday’s ILTACON 2017 Sessions: eDiscovery Trends

by CloudNine on

As noted Monday, Tuesday and yesterday, the International Legal Technology Association (ILTA) annual educational conference of 2017 (otherwise known as ILTACON) is happening this week and eDiscovery Daily will be reporting...more

Time for ILTACON 2017: eDiscovery Trends

by CloudNine on

The International Legal Technology Association (ILTA) annual educational conference of 2017 (known as ILTACON) kicked off yesterday with several networking events, and begins in earnest today with the first day of sessions. ...more

ILTACON 2017 Preview Edition: eDiscovery Trends

by CloudNine on

Believe it or not, it’s almost time for another ILTACON! ILTACON is the annual conference for the International Legal Technology Association (ILTA). This year, it is being held in Las Vegas (baby!) at the Mandalay Bay Hotel...more

Test Your Searches Before the Meet and Confer: eDiscovery Replay

by CloudNine on

...Years ago, I provided search strategy assistance to a client that had already agreed upon several searches with opposing counsel. One search related to mining activities, so the attorney decided to use a wildcard of...more

When Litigation Hits, The First 7 to 10 Days is Critical: eDiscovery Replay

by CloudNine on

...When a case is filed, several activities must be completed within a short period of time (often as soon as the first seven to ten days after filing) to enable you to assess the scope of the case, where the key...more

Improving your eDiscovery Vocabulary is as Easy as 123: eDiscovery Replay

by CloudNine on

...Want to be better equipped to speak the “lingo” of eDiscovery and understand what you’re saying? Here’s a glossary that can help....more

Other Production Parameters from a Provider’s Point of View: eDiscovery Replay

by CloudNine on

...Yesterday, we began to discuss some of the production parameters that CloudNine collects from our clients in order to ensure that the production includes the correct documents in the required format. But, wait – there’s...more

Production from a Provider’s Point of View: eDiscovery Replay

by CloudNine on

...We sometimes forget that the end goal of the discovery process is production: to produce responsive electronically stored information (ESI) to opposing counsel. But, do you realize how many parameters and potential...more

Questions About FOIA and E-Discovery? Look No Further!

by Exterro, Inc. on

Corporations struggling under mountains of electronic data and rapid fire e-discovery requests may find solace in the fact that they don't have it nearly as bad as many government agencies answering requests under the Freedom...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

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