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Electronic Discovery Updates

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

eDiscovery for the Rest of Us: eDiscovery Best Practices, Part Four

by CloudNine on

...In 2016, Craig Ball revisited the Edna challenge with a new set of parameters and a panel at the annual ILTA conference on which I was privileged to be a participant. The panel sought what Craig called “… a re-examination...more

Judge’s Ruling on Scope Under Rule 26 Brings a Mixed Bag of Motions Granted and Denied: eDiscovery Case Law

by CloudNine on

In TMJ Grp., LLC v. IMCMV Holdings, No. 17-4677 (E.D. La. April 6, 2018), Louisiana Magistrate Judge Janis van Meerveld ruled on Motions to Compel by both parties, both of which were granted in part and denied in part....more

Here's What's Next in AI for E-Discovery

by Exterro, Inc. on

In 2011, Maura Grossman and Gordon Cormack published their landmark study of technology assisted review, Technology-Assisted Review in E-Discovery Can Be More Effective and More Efficient than Exhaustive Manual Review....more

eDiscovery for the Rest of Us: eDiscovery Best Practices, Part Three

by CloudNine on

..To answer the question of what to do for the cases larger than $1,000 but less than the major litigation cases, I drew up the “Ernie Challenge,” with advice from Craig Ball and DLA Piper senior counsel Browning Marean...more

What Is Collection?

by Zapproved LLC on

Questions About the Collection Phase of Ediscovery? We’ve Got Answers - Collection is part of the second stage of the ediscovery pipeline, in which data that may be pertinent or relevant to a civil litigation matter is...more

Fourth Circuit Rules that Warrantless Cell Phone is Warranted: Data Privacy Trends

by CloudNine on

Don’t let my cute title confuse you. In this case, the Fourth Circuit issued an interesting decision regarding whether a warrant is required to search an individual’s cell phone....more

Email Threading: Another Analytic Tool Available To Promote Efficiency In A Document Review Project

by Farrell Fritz, P.C. on

The April 26 blog post discussed predictive coding as one of many analytical tools available to empower attorneys to work smarter, thereby reducing discovery costs and allowing attorneys to focus sooner on the data most...more

eDiscovery for the Rest of Us: eDiscovery Best Practices, Part Two

by CloudNine on

...The first formalized changes to the Federal Rules of Civil Procedure were made in December of 2006 as the culmination of a period of debate and review that started in March 2000. Prior to the codified changes, there were...more

Technology Assisted Review: Or, How I Stopped Worrying and Learned to Love a Computer Program (PART ONE)

PART ONE: This is part one of a series on my journey to appreciating TAR. Be on the lookout for part two in the coming weeks. Recently, I (Russ Beets) began work on a complex litigation case that had millions of documents...more

Going "Green" with a Document Retention Policy

A Document Retention Policy Determines How Long and in What Format to Save Documents Just as I hung onto old strings after their usefulness was over, a company, also, can fall victim to keeping records so long that they...more

Former Employee Sanctioned for Lying Under Oath, Destruction of ESI: eDiscovery Case Law

by CloudNine on

In Heggen v. Maxim Healthcare Servs., Inc., No. 1:16-cv-00440-TLS-SLC (N.D. Ind. April 27, 2018), Indiana Magistrate Judge Susan Collins ruled that the plaintiff’s destruction of requested cellphone recordings, as well as...more

How to Roll Out a New eDiscovery Program

by Epiq on

When you’re getting ready to roll out a new eDiscovery program – whether it’s a new piece of software to handle one piece of the puzzle, an entire set of solutions to insource the whole process, or a capacity-based eDiscovery...more

eDiscovery for the Rest of Us: eDiscovery Best Practices

by CloudNine on

...With the high number of eDiscovery vendors and the huge amount of ED conferences, webinars and seminars, you might ask why we would talk about eDiscovery for “the rest of us”. eDiscovery was initially seen as the exclusive...more

What Is Preservation?

by Zapproved LLC on

Understanding the legal hold stage of discovery - Preservation is the process of keeping physical items and electronically stored information (ESI) intact for discovery during litigation. To preserve potential evidence,...more

Bad Behavior in eDiscovery is Still Very Costly!

by Foley & Lardner LLP on

...For those of us who practice regularly in the ediscovery realm, the December 1, 2015 amendment to Rule 37(e) was a much needed game-changer. In simple terms, amended Rule 37(e) eliminated the risk of the severest sanctions...more

Zubulake v UBS Warburg I: Judge Scheindlin Sets E-Discovery Agenda

by Exterro, Inc. on

There’s an apocryphal quote that calls attention to the fact that history is not objective. Frequently attributed to Winston Churchill, “History is written by the victors” foregrounds the notion that history is a story,...more

5 Practice Tips for Protecting Your Clients & Your Reputation

Kilpatrick Townsend Senior E-Discovery Attorney Katie King recently participated in an E-Discovery Sanctions webinar, where she shared the following tips to protect your clients and your reputation: Sanctions and their...more

Could We Be Close to a Second State to Approve a Technology CLE Requirement?: eDiscovery Trends

by CloudNine on

In 2016, Florida became the first state to mandate technology training for lawyers, when it adopted a rule requiring lawyers to complete three hours of CLE every three years “in approved technology programs.” That requirement...more

In-House Processing and Review Reduce the Risks of Ediscovery

by Zapproved LLC on

Risks are everywhere in ediscovery, but you can do something about them - In ediscovery, the ground is littered with landmines. The unwary can be caught up in predictable as well as unexpected risks, from spoliation...more

A Fresh Comparison of TAR and Keyword Search: eDiscovery Best Practices

by CloudNine on

Bill Dimm of Hot Neuron (the company that provides the product Clustify that provides document clustering and predictive coding technologies, among others) is one of the smartest men I know about technology assisted review...more

Former Football Players Sanctioned for Failure to Produce: eDiscovery Case Law

by CloudNine on

In Michael E. Davis, et al. v. Electronic Arts, Inc., No. 10-cv-03328-RS, (N.D. Cal., April 3, 2018), California Magistrate Judge Donna M. Ryu ruled that the plaintiff’s failure to fully comply with the discovery requests by...more

Three Takeaways from the Sedona Conference

Last week, the Sedona Conference Group on Electronic Document Retention and Production (Working Group 1) held its midyear meeting. The Sedona Conference’s mission is “to drive the reasoned and just advancement of law and...more

What Is SOC 2?

by Zapproved LLC on

What Is SOC 2 Type 2 and Why Does It Matter in Litigation Response? What Is SOC 2® Certification? SOC 2 Type 2 certification is the gold standard in keeping ediscovery data secure. Ediscovery often involves a...more

Part One of ESI Basics: PSTs

This is Part One of a continuing series on ESI basics. In this series, we will cover some of the terms used most often on the tech-side of e-discovery. Whether this is an introduction to you or a refresher, and whether you...more

“Master” Your Knowledge of eDiscovery With This Conference in Chicago in Two Weeks: eDiscovery Trends

by CloudNine on

If you’re in the Chicago area or plan to be there on May 22, join legal technology experts and professionals at The Masters Conference 2018 Chicago event for a full day of educational sessions covering a wide range of topics!...more

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