News & Analysis as of

e-Discovery

Thursday LTNY 2017 Sessions: eDiscovery Trends

by CloudNine on

As noted yesterday and Tuesday, LegalWeek 2017 – which includes of course the marquee event LegalTech® New York (LTNY) – is happening this week and eDiscovery Daily is here to report about the latest eDiscovery trends being...more

The Employment Law Authority - January/February 2017

A Moving Target: The Not So Final Overtime Rule - On November 22, 2016, a federal judge for the Eastern District of Texas issued a preliminary injunction temporarily blocking the U.S. Department of Labor (DOL) from...more

Leveraging Proportionality to Set Reasonable Limits on Discovery at the Outset

by Pepper Hamilton LLP on

Plaintiffs should not be permitted to insist on an extensive discovery wish list but rather must make some showing that their requests are proportional to the needs of the case. A district court in California recently...more

Efficiency: A Discovery Philosophy, and All You Really Need to Know About Predictive Coding

by Carlton Fields on

The main problem with discovery is the cost. In a very small number of truly bet-the-company cases (for example, where the CEO’s emails must be produced) the greater risk can be failing to do discovery perfectly. But 99 times...more

A Framework for Applying Proportionality in E-Discovery: The Sedona Conference Principles

by Pepper Hamilton LLP on

The principles provide a useful framework for the application of proportionality to preservation, as well as practical guidance for negotiating the scope of discovery. The Sedona Conference — a research and educational...more

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

by CloudNine on

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

Bring Your Own Device (BYOD) – Be Smart

by LeClairRyan on

At the dawn of portable electronic devices, they were primarily work-related productivity tools. Often, employers would purchase (or lease) devices and distribute them to their need-to-have employee base. It’s not so long...more

Considering E-Discovery in Cloud Contracts

Earlier this year, I predicted that 2016 would be a year of increased focus on e-discovery from cloud-based sources and postulated that many organizations would demand better e-discovery solutions and increased cooperation...more

The Impact of the Smart Home Revolution on Product Liability and Fire Cause Determinations

by Wilson Elser on

The concept of the Internet of Things (IoT) has existed for more than 15 years. Technology pioneer Kevin Ashton is widely credited with coining the term in 1999 to describe the connection of physical objects to the internet...more

Only 105 Days Until E-Discovery Day! It’s Never Too Early to Start Planning How You’ll Celebrate

by Exterro, Inc. on

One of the main themes that came out of Exterro's 2016 Judges Survey was that e-discovery competency was significantly lacking amongst attorneys and other e-discovery practitioners. As one attorney put it, “Litigators tend to...more

Court Awards $3M Sanction and Adverse Inference for Spoliation in Antitrust Case

On July 6, 2016, Judge Leonard P. Stark, of the federal district court in Delaware, ordered a $3 million punitive monetary sanction, and an adverse inference jury instruction, against antitrust defendant Plantronics after...more

Court: Stored Communications Act Warrant Cannot Be Used to Seize Data Held Overseas

by Ballard Spahr LLP on

In a case that may have significant impact for companies providing public Internet and cloud services, the Second Circuit has ruled that a federal court may not issue a criminal warrant ordering a U.S. company to produce...more

[Event] Continuing Legal Education and Chicago Cubs Rooftop Event - August 11th, Chicago, Illinois

by Freeborn & Peters LLP on

Join Freeborn & Peters LLP for an afternoon of Continuing Legal Education classes followed by an evening of baseball hosted by the firm's Litigation Practice Group....more

[Webinar] Cloud Computing Series – eDiscovery - July 20th, 12:00 p.m. CT

by Thompson Coburn LLP on

As cloud providers grow and more information is being stored in “the cloud,” it is important to consider the risks and benefits when confronted with litigation. This webinar presentation will examine litigation and...more

[Event] PREX16 — The Nation’s Premier Conference for In-House E-Discovery Professionals - September 13-15th, Portland, OR

by Zapproved Inc. on

Now in it's fifth year, the Conference on Preservation Excellence stands out as the only annual conference dedicated to the strategy and practice of in-house electronic discovery. This year PREX is expanding beyond just...more

The Case for E-Discovery Education in Law School

The lament that law schools do not adequately prepare new lawyers for the actual practice of law is not a new one. The refrain, however, seems more pronounced as the day-to-day practice of law becomes increasingly...more

Data security is top driver for information governance

A recent Advice from Counsel study sponsored by FTI Technology, entitled “The State of Information Governance in Corporations” found data security to be the top driver for information governance initiatives. The purpose of...more

How Much Data Does Your Organization Hold?

by Conduent on

Earlier this week Legaltech News announced the release of Xerox’s Viewpoint 6.0 eDiscovery platform with a data analytics focus. Why is this blog worthy (since we don’t typically offer unabashed plugs for our technology,...more

Retooling Your Practice Under the New Rules with The Sedona Conference Institute: a Case Summary (Part 2)

by BakerHostetler on

Every year, The Sedona Conference Institute keeps us ahead of the e-discovery curve with panels such as the famous Case Law Update and Judicial Roundtable. This year’s Institute will be devoted to the changes in the Federal...more

Retooling Your Practice Under the New Rules with The Sedona Conference Institute: a Case Summary (Part 1)

by BakerHostetler on

Every year, The Sedona Conference Institute keeps us ahead of the e-discovery curve with panels such as the famous Case Law Update and Judicial Roundtable. This year’s Institute will be devoted to the changes in the Federal...more

Rule 26: What’s New, What’s Old, and What Still Needs to be Litigated

by Burr & Forman on

The amendments to Rules 26(b)(1) and 26(b)(2)(C) of the Federal Rules of Civil Procedure have been in effect for almost two months now. They are expected to change the way lawyers manage discovery and the way courts resolve...more

Demystifying the Cloud: 5 Things Corporate Legal Should Consider Before Buying E-Discovery SaaS

by Zapproved Inc. on

It’s a given in today’s era that e-discovery has moved to the cloud. However, not all cloud e-discovery solutions are created equal. In fact, cloud computing has become an amorphous term easily confused with true...more

Predictions (and hopes) for e-discovery in 2016

While 2015 will likely be remembered as the year the Federal Rules of Civil Procedure were substantively overhauled to resolve many persistent issues related to e-discovery, 2016 quietly marks ten years since the Federal...more

Looking Back on 2014: The 7 Most Important eDiscovery Cases in Delaware - Part 7

by Morris James LLP on

This is the seventh in a series of posts summarizing the 7 most important eDiscovery cases in Delaware in 2014. Mechel Bluestone v. James C. Justice Cos., C.A. No. 9218-VCL(Del. Ch. Dec. 12, 2014)....more

Looking Back on 2014: The 7 Most Important eDiscovery Cases in Delaware - Part 5

by Morris James LLP on

Kan-Di-Ki, LLC (d/b/a Diagnostic Laboratories) v. Robert Suer, C.A. No. 7937–VCP, Oral Argument on Various Outstanding Motions, Pre-Trial Conference and Rulings of the Court on Motion for Summary Judgment, September 24, 2014....more

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