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Electronic Discovery Updates

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

No Love for the 2015 Discovery Amendments: Landry v. Swire Oilfield Services

February is the month of love. Hearts, candy, and flowers. The hint of spring harkening. The enthusiasm of a new year upon us. But for one federal court judge, the New Year brought no love. ...more

No Sanctions for Failing to Preserve Videos and Photos of Prisoner Accident: eDiscovery Case Law

by CloudNine on

In Hernandez v. Tulare Cnty. Correction Center, et al., No. 1:16-cv-00413-EPG (PC) (E.D. Cal. Feb. 8, 2018), the California Magistrate Judge denied the plaintiff’s motion for sanctions, ruling that the defendants did not act...more

For a More Complete and Accurate Review, Be Persistent: eDiscovery Best Practices

by CloudNine on

Manual document review can be prone to error. It’s easy to miss highly relevant documents or privileged documents if you fail to spot the terms that cause them to be identified as highly relevant documents or privileged. To...more

Top Five Legalweek 2018 Takeaways - This year’s conference delivered a strong gauge for e-discovery vendors and customers.

by Zapproved LLC on

Each January, as I make the trek to New York City to attend Legalweek, I’m excited to get take the temperature of the e-discovery industry, using the event as a thermometer for legal technology vendors and corporate buyers....more

Which is Better: eDiscovery in the Cloud or eDiscovery in a Data Center?

by Epiq on

This commonly asked question is actually a false dichotomy – in reality, neither the cloud nor a data center is better, because the cloud is a data center. “The cloud” is often used as a buzzword to give the impression of...more

After Panel Sponsored by UK ACEDS, Chris Dale Calls for Rules Reform

HH Judge David Waksman joined Ed Crosse of Simmons & Simmons, President of the London Solicitors Litigation Association, Tim Brown of RPC, and Caroline Field of Fox and Partners, for a robust discussion of proposed rule...more

3 Ways to Map Your E-Discovery Process (and Why You Should)

by Exterro, Inc. on

Business process mapping, as a topic, may not excite everyone. That doesn't mean it's not necessary. Every business process should be mapped out, because the level of insight you gain from the exercise is what allows you to...more

Nobody Doesn’t Like Terminating Sanctions for Fabrication of Text Messages: eDiscovery Case Law

by CloudNine on

In Lee v. Trees, Inc., No. 3:15-cv-0165-AC (D. Or. Nov. 6, 2017), Oregon Magistrate Judge John V. Acosta granted the defendants’ motion for terminating sanctions where the plaintiff was found to have manufactured text...more

Bringing Business Intelligence To E-Discovery

by Epiq on

Business intelligence is not just changing how companies work — it’s redesigning litigation tactics, including electronic data discovery. To help the legal community understand the nuances of BI, Legaltech News recently...more

“Master” the Love – Today and on February 28th: eDiscovery Trends

by CloudNine on

Happy Valentine’s Day! Hope you’re all feeling the love today! Speaking of feeling the love, we’re only two weeks away from the first event of the year at The Master’s Conference in Dallas!...more

A Cooperative Discovery Process Promotes Efficient Advocacy

by Farrell Fritz, P.C. on

In Youngevity Intl’s Corp. v. Smith (No: 16-cv-00704 [SD CA December 21, 2017]), defendants sought an Order pursuant to Federal Rules of Civil Procedure 26(g) and 37. The Order required Plaintiffs to remediate an improper...more

Building A Lean In-House E-Discovery Strategy

by Epiq on

Whether you’re a seasoned Big Law partner, a mid-career corporate counsel, or just got your ticket, e-discovery can be overwhelming. But it’s here to stay — and growing exponentially with the rise of Big Data. “Building a...more

Are Cloud Companies Moving Away from Pricing Transparency?: eDiscovery Trends

by CloudNine on

Last May, I wrote a post asking if pricing transparency is finally happening in eDiscovery. Here’s an article where the trend seems to be reversing – at least for Software-as-a-Service (SaaS, aka cloud) companies in general....more

Top 10 List: ACEDS Highlights from #Legalweek18

Each January, thousands of legal technologists gather in New York City to learn from peers, network with old and new colleagues, and let their hair down. Yes, another Legalweek (aka Legaltech) is behind us, and the ACEDS...more

Befuddled by BYOD? The Sedona Conference Has a New Set of Principles to Guide You: eDiscovery Best Practices

by CloudNine on

Many organizations are permitting (or even encouraging) their employees to use their own personal devices to access, create, and manage company related information – a practice commonly referred to as Bring Your Own Device...more

Five Buzzworthy eDiscovery Trends Overheard at LegalTech 2018

by Epiq on

Every year, the legal technology community gathers at the New York Hilton Midtown to see what’s new in the industry, catch up with colleagues, and visit with old friends. For those of us who’ve been in the industry for 10+...more

TAR Protocol Rules the Roost: In Re Broiler Chicken

It is well established that courts will support parties electing to use technology assisted review (TAR) to identify responsive documents in discovery. However, TAR methodologies and quality control (QC) measures are still...more

Glitch in the Matrix – The Vital Role of Communication Between All Stakeholders in eDiscovery: eDiscovery Best Practices

by CloudNine on

...Jim’s post below highlights the importance of communications between all stakeholders in the discovery process.... ...In an article by Morgan Chalfant at The Hill posted on January 25th, it was reported that text...more

A First-Timer and Veteran Report Back on Legaltech 2018

Legaltech, the largest legal technology event of the year, took place in New York City last week. Several Encompass team members joined thousands of electronic discovery and legal technology professionals from around the...more

E-Discovery and Cryptocurrencies – What you need to know

by BakerHostetler on

Does bitcoin keep appearing in your news feed? As cryptocurrencies become adopted and accepted by mainstream vendors and consumers, it’s a good idea for attorneys to think about the potential litigation and eDiscovery...more

Court Denies Plaintiffs’ Request to Email All Defendant Employees as “Simply Unreasonable”: eDiscovery Case Law

by CloudNine on

In Firefighters’ Ret. Sys., et al. v. Citco Grp. Ltd., et al., No. 13-373-SDD-EWD (M.D. La. Jan. 3, 2018), Louisiana Magistrate Judge Erin Wilder-Doomes denied the plaintiffs’ renewed motion to compel after the parties...more

[Webinar] eDiscovery and the GDPR: Ready or Not, Here it Comes! - February 21st, 12:00pm CT

by CloudNine on

Do you think that your organization isn’t subject to the requirements of Europe’s impending General Data Protection Regulation (GDPR)? You may be wrong about that. If it is, are you on target to be compliant by May 25? ...more

Courts Are Closely Following Amended Rule 37(e)’s Limits on Sanctions for Lost Electronically Stored Information

by Jones Day on

Within two years of its implementation, several cases show that amended Rule 37(e) is having its intended impact, as judges are carefully applying the criteria articulated in the Rule prior to ordering curative measures or...more

Legal Project Management Series: People

by Exterro, Inc. on

In the first article of our series on legal project management (LPM), I looked at the fundamentals of LPM: a definition of the term, some key principles, and its increasing formalization over the past decade. It helped set up...more

Don’t Go It Alone: Why You Need an e-Discovery Professional in House

by Zapproved LLC on

Even if you only do limited litigation response in house, you need a dedicated e-discovery professional. Historically, corporations have outsourced the majority of their e-discovery processes. Today, while legal holds have...more

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