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Electronic Discovery Updates

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

Court Grants Key Parts of Motion to Compel Against Safeway: eDiscovery Case Law

by CloudNine on

In U.S. ex rel. Proctor v. Safeway, Inc., No. 11-cv-3406 (C.D. Ill. Mar. 08, 2018), Illinois Magistrate Judge Tom Schanzle-Haskins allowed the Relator’s motion to compel in part, ordering the defendant to conduct and complete...more

Mary Mack of ACEDS: eDiscovery Trends 2018

by CloudNine on

This is the second of the 2018 Legaltech New York (LTNY) Thought Leader Interview series. eDiscovery Daily interviewed several thought leaders at LTNY this year (and some afterward) to get their observations regarding trends...more

Court Denies Plaintiff Sanctions for Failure to Prove ESI Loss

by Zapproved LLC on

Youngevity Int’l Corp. v. Smith, No. 16-cv-704-BTM-JLB, 2017 U.S. Dist. LEXIS 200048 (S.D. Cal. Dec. 4, 2017). In this case alleging misappropriation of trade secrets and breach of fiduciary duty, the plaintiff requested...more

Is A $2.7 Million Dollar E-Discovery Sanction Appropriate In A Lawsuit Valued At $20,000? The Second Circuit Says, Yes.

by Farrell Fritz, P.C. on

In 2012, Klipsch Group Inc. (“Klipsch”), a manufacturer of sound equipment, filed a complaint against ePRO E-Commerce Ltd. (“ePRO”), alleging an ePRO subsidiary was selling counterfeit headphones. Through discovery demands,...more

Social Media Privacy Settings May Not Protect Your Information From Discovery

by BakerHostetler on

Users of social media are likely familiar with privacy settings, and understand that setting their profiles to “private” ensures that people who are not friends, connections or followers cannot view their information and...more

Chadbourne Litigation Settles, Leaving Unanswered Questions About Equal Pay Claims

by Fisher Phillips on

The parties to a high-profile Equal Pay Act lawsuit have reached a multi-million dollar settlement that will be sure to capture the attention of employers across the country. Former partners of the law firm Chadbourne & Parke...more

ALSP – Not Just Your Daddy’s LPO, Part Three: eDiscovery Trends

by CloudNine on

...Who is actually using an ALSP? And what is the specific breakdown of these services? The Thomson Reuters Legal Executive Institute report shows that more than half of law firms and corporations are already using ALSPs with...more

Tom O’Connor of the Gulf Coast Legal Technology Center: eDiscovery Trends 2018

by CloudNine on

This is the first of the 2018 Legaltech New York (LTNY) Thought Leader Interview series. eDiscovery Daily interviewed several thought leaders at LTNY this year (and some afterward) to get their observations regarding trends...more

Start Where You Are: Taking Control of E-Discovery With Small Matters

by Zapproved LLC on

How to lower costs, reduce risks, and improve speed to information - E-discovery can be intimidating, and for good reason. The risks of getting it wrong are real, from inefficient processes and ballooning costs to...more

Yes, eDiscovery predictive coding is super cool. But can we also agree that email threading just works?

by Epiq on

For the last decade, predictive coding has dominated e-Discovery conferences and preoccupied industry thought leadership. In practice, despite the buzz – and several generations of technology development –predictive coding is...more

Have Our Robot Overlords Finally Arrived?

by Exterro, Inc. on

Have Our Robot Overlords Finally Arrived? If you look at some article titles from the past year dealing with artificial intelligence (AI) and the legal industry, you could be forgiven for thinking so....more

ALSP – Not Just Your Daddy’s LPO, Part Two: eDiscovery Trends

by CloudNine on

...Tom’s overview is split into four parts, so we’ll cover each part separately. We covered part one last Thursday. Here’s part two. What is an ALSP? The first consideration in understanding new generation ALSPs is to...more

Discovery: Reasonableness Reigns, Not Perfection

by McGuireWoods LLP on

Firefighters’ Ret. Sys. v. Citco Grp. Ltd., Civ. Action 13-373-SDD-EWD, 2018 U.S. Dist. LEXIS 594 (Jan. 3, 2018 M.D.La.) is a good example of plaintiffs getting too greedy, and where proportionality and reasonableness...more

Ethical Issues in Litigation Discovery: Managing Risks, Costs, and Data

by Epiq on

A number of judicial decisions, including those issued in the Qualcomm v. Broadcom litigation, raise questions about the appropriate roles and responsibilities of inhouse and outside counsel, and their ethical obligations to...more

Announcing Eighth Annual LTNY Thought Leader Series!: eDiscovery Trends

by CloudNine on

Over our nearly 7 1/2 years of our existence, eDiscovery Daily has published several thought leader interviews from various thought leaders throughout the eDiscovery community, including an annual series of interviews at...more

Being Smart with Smartphone Data: Mobile Device Data and its Impact on Modern Discovery

Mobile devices are an integral part of our lives. In just over a decade, we went from the venerable flip phone (who didn’t love sending text messages on one of those?) to handheld computers with far more processing power...more

Spectre and Meltdown CPU Vulnerability: Impact on Multifunction Copiers & Printers

by Epiq on

Two major security flaws recently discovered in nearly all the world’s microprocessors, termed Meltdown and Spectre, leave much of the world’s computers vulnerable to hackers looking to steal entire memory contents. They...more

ALSP – Not Just Your Daddy’s LPO: eDiscovery Trends

by CloudNine on

...One of the biggest topics of discussion at the recent Legaltech® conference in New York was Alternative Legal Service Providers or ALSPs. I was interested in the topic really because I was confused as to what the term ALSP...more

United States v. Microsoft Raises Significant Questions Regarding Application of the Stored Communications Act

by White and Williams LLP on

On Tuesday, February 27, 2018, the US Supreme Court heard oral argument in connection with an ongoing dispute between the Department of Justice (DOJ) and Microsoft over data in the corporation’s datacenter in Ireland. At the...more

The Impact of People, Process and Technology on eDiscovery

by Epiq on

Are you accountable for managing the burden of discovery? Certainly you’re very familiar with juggling the costs and benefits of people, process, and technology? Are you a chief operating officer in a law firm, general...more

[Webinar] Understanding eDiscovery in Criminal Cases - March 21st, 12:00pm CT

by CloudNine on

Criminal cases have long been thought of as an arena devoid of electronic discovery issues. But attorneys who regularly handle criminal cases know that’s not the case. So, are there any guidelines and best practices for...more

Is It Time to Invest in E-Discovery Technology?

by Exterro, Inc. on

In the not-so-distant past, fear was a big motivator for organizations to invest in e-discovery software. Tom Mullane, E-Discovery Process Manager at United Technologies Corp., remembers, “Risk was a huge driver. It was easy...more

According to the IGI, Information Governance Continues To Gain Traction: Information Governance Trends

by CloudNine on

Last week, the Information Governance Initiative (IGI) released Volume III of their State of Information Governance Report – the third (annual) edition of the Report, which is based on “extensive” surveying of Information...more

‘Academy Award’-Worthy Denials Can’t Save Uber From Spoliation

by Zapproved LLC on

In this highly publicized case alleging that Uber misappropriated trade secrets, the court held that Uber spoliated electronically stored information (ESI) despite both reasonably and actually foreseeing litigation. The court...more

The Supreme Court Hears Oral Arguments In United States v. Microsoft

by Shearman & Sterling LLP on

On February 27, 2018, the U.S. Supreme Court heard oral arguments in United States v. Microsoft, No. 17-2. The case presents the question whether a U.S.-based entity (Microsoft) must comply with a judicially-authorized...more

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