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Professional Practice Civil Procedure Electronic Discovery

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

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

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

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

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

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

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