News & Analysis as of

Technology-Assisted Review

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 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

New Report from The Aberdeen Group Cites Lack of Advanced Technologies, Offers Recommendations: eDiscovery Trends

by CloudNine on

While recovering from ILTACON and Vegas, I found an interesting report with some interesting statistics and observations from The Aberdeen Group about how many organizations are handling eDiscovery and what they could be...more

Bullet-Point Update: Electronic and Federal Court Discovery Issues for the Week of July 14, 2017

by Carlton Fields on

Cloud Computing - • Use this to convince your clients that their cloud storage may be discoverable: Open Text Corp. v. Grimes, 2017 WL 2733937 (D. Md. June 26, 2017) (Noting earlier entry of an agreed order requiring a...more

E-Discovery Standards and the 26(g) Signature That Drives the Market

by BakerHostetler on

We begin with three quick questions: 1. Which legal practice has created and fueled a multibillion-dollar support industry? 2. Which legal practice employs incomprehensible acronyms that require a glossary apart from...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

To Keyword Cull or Not to Keyword Cull? That is the Question: eDiscovery Trends

by CloudNine on

We’re seeing a lot of discussion about whether to perform keyword searching before predictive coding. We’ve even seen a recent case where a judge weighed in as to whether TAR with or without keyword searching is preferable. ...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

Court Determines TAR Without Keyword Search Culling First is Preferable: eDiscovery Case Law

by CloudNine on

In FCA US, LLC v. Cummins, Inc., No. 16-12883 (E.D. Mich., Mar. 28, 2017), Michigan District Judge Avern Cohn “rather reluctantly” decided a dispute between the plaintiff and defendant on whether the universe of electronic...more

EDiscovery Effectiveness as Measured by the Case Objectives

by Baker Donelson on

How do we keep our focus on the case objectives throughout the eDiscovery cycle? A trial team is focused, first and foremost, on the outcome of the actual litigation. To be valuable, the eDiscovery costs must directly...more

[Webinar] Key eDiscovery Trends and Case Law for 2017 – March 30th, 12:00pm CST

by CloudNine on

2016 was an important year in eDiscovery. Did you catch all of the important events and developments that occurred over the course of the year? If you didn’t, here is your chance to catch up! This webcast will cover key...more

EDiscovery Muscle Memory Maximizes Efficiency

by Baker Donelson on

My oldest son is currently practicing his clarinet because he wants to go to a local magnet school. Practice makes perfect has become a consistent refrain in my household. While he doesn’t always enjoy the practice, he knows...more

Jason R. Baron of Drinker Biddle & Reath LLP, Part 1: eDiscovery Trends

by CloudNine on

This is the fifth 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

Mary Mack of ACEDS: eDiscovery Trends

by CloudNine on

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

by CloudNine on

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

The State of Technology Assisted Review in 2017

by Nexsen Pruet, PLLC on

The State of Technology Assisted Review in 2017 - It has been almost five years since Judge Andrew Peck of the Southern District of New York first approved the use of technology assisted review (“TAR” or “predictive...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

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

by BakerHostetler on

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

Wednesday LTNY 2017 Sessions: eDiscovery Trends

by CloudNine on

As noted yesterday, 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 discussed at...more

2016 eDiscovery Case Law Year in Review, Part 3

by CloudNine on

As we noted yesterday and Monday, eDiscovery Daily published 74 posts related to eDiscovery case decisions and activities over the past year, covering 62 unique cases! Yesterday, we looked back at cases related to...more

Is This the Age of Technical Competence for Attorneys?: eDiscovery Trends

by CloudNine on

Last year, I led off the year with a post declaring that the age of eDiscovery automation is upon us (even with an exclamation point for emphasis!). Was that the case?...more

E-Discovery Update: To TAR or Not to TAR, That Is the Question

by McGuireWoods LLP on

Several years ago, we were told that technology-assisted review (TAR) was the wave of the future and, by now, manual attorney review would likely be a thing of the past. Although TAR has gained some traction, it is not yet...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

Discovering the future

by DLA Piper on

Technology assisted document review (TAR) has been ordered for the first time in Australia by the Victorian Supreme Court. Given the large number of documents being created every day and the need to deal with cases at...more

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