News & Analysis as of

Discovery Costs

What is the FRCP? Facts about the Federal Rules of Civil Procedure

by Zapproved LLC on

A primer on the Federal Rules of Civil Procedure - The Federal Rules of Civil Procedure, commonly referred to as the FRCP, govern how federal district courts conduct civil cases. (The rules for criminal cases are...more

Slash Risk by Saying Goodbye to Manual Legal Holds

by Zapproved LLC on

The right automation software can help you avoid spoliation sanctions, improve your audit trails, and boost ROI - We all know that ediscovery can be expensive. But while we usually think of review as the most expensive...more

Efficient and Effective eDiscovery Uses Continuous Active Learning (CAL)

by Epiq on

Most document review today uses some form of technology-assisted review (TAR). TAR uses computer software to categorize documents as responsive or nonresponsive, based on human review of a subset of documents from the...more

What’s the Return on Investment for Automated Legal Hold Software?

by Zapproved LLC on

Learn the rewards of streamlining your legal hold process - If you’re still managing legal holds with an archaic conglomeration of spreadsheets, emails, and duct tape, you can do better. Today’s automated, cloud-based...more

Measuring Success and Avoiding Pitfalls in Discovery for Litigated Claims

by Epiq on

At the recent 2018 Claims and Litigation Management Alliance (CLM) conference, Epiq chief innovation officer, Cliff Dutton, hosted a roundtable titled, “Measuring Success and Avoiding Pitfalls in Discovery for Litigated...more

Examining E-Discovery Statistics: The Zombie Doctrine of Self-Preservation

by Exterro, Inc. on

If you’re here, reading an e-discovery blog article, chances are we don’t have to go through the standard argument about the importance of e-discovery: These facts roll up into some basic truths about e-discovery. At its...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

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

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

The E-Discovery Digest - March 2018

The ninth edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more

Evidence in the electronic age: the rise of the Sedona Canada Principles

by Epiq on

The world is moving from print toward electronically stored information (ESI), and the legal profession is no exception. Since ESI is discoverable, lawyers must understand the effects ESI can have on their discovery process....more

Data Lockdown: How In-Place Preservation is Changing the Preservation Game

To collect or not to collect. That is the question. In discovery, parties must be proportional with what they preserve and collect – avoiding over-collection of information that is not needed, but at the same time not...more

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

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

Fiduciary Litigation Practice Tip: Streamlining Discovery To Threshold Legal Issues

by Winstead PC on

Litigation can unfortunately be a costly endeavor. This is as true with fiduciary litigation as with any other type of litigation. ...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

ESI, ROT, and LBJ – Thoughts on Data Management While Visiting the Lyndon Johnson Presidential Library: eDiscovery Trends

by CloudNine on

...A few weeks ago, I took a road trip from Oregon to Austin, Texas as a way to ring in the new year. A friend met me there, and one of the things we’d hoped to do (besides listen to a lot of live music) was visit the LBJ...more

Court Orders Plaintiff to Reproduce ESI and Produce Search Term List As Agreed: eDiscovery Case Law

by CloudNine on

In Youngevity Int’l Corp., et al. v. Smith, et al., No: 16-cv-00704-BTM (JLB) (S.D. Cal. Dec. 21, 2017), California Magistrate Judge Jill L. Burkhardt, granted the defendants’ motion to compel proper productions against the...more

Checklist of Top 10 E-Discovery Trends for 2018

by Zapproved LLC on

Tips to Empower Corporate Legal Teams to Achieve More Litigation Response Success in the Year Ahead - Are you ready for where e-discovery is going in 2018? Whatever your litigation process maturity level — what we call...more

Your “Mashup” of eDiscovery Market Estimates Can’t Possibly Be Any Earlier: eDiscovery Trends

by CloudNine on

It’s become an annual tradition – the release of the eDiscovery Market Size Mashup that Rob Robinson compiles and presents on his Complex Discovery site each year. It’s also become an annual tradition for him to release it...more

4 Things the Top E-Discovery Cases of 2017 Can Teach You

by Exterro, Inc. on

Two years on from the last round of FRCP amendments, the courts are still clarifying how these e-discovery rules will be interpreted. One lens through which we can better understand how the court is interpreting the...more

300 GB Email Search Rejected in E-Discovery Case

by Zapproved LLC on

Rembrandt Diagnostics, LP v. Innovacon, Inc., No. 3:16-cv-0698 CAB (NLS), 2017 U.S. Dist. LEXIS 164015 (S.D. Cal. Oct. 3, 2017). In this patent case, the court denied the plaintiff’s motion to compel in full. The court...more

CEO’s Documents Found Proportional to Multimillion-Dollar Complaint

by Zapproved LLC on

Oxbow Carbon & Minerals LLC v. Union Pac. R.R., 2017 U.S. Dist. LEXIS 146211 (D.D.C. Sept. 11, 2017). In this multimillion-dollar antitrust claim, the defendants moved to compel the plaintiffs to include their CEO as a...more

[Webinar] Murphy’s eDiscovery Law – How to Keep What Could Go Wrong From Going Wrong - December 1st, 12:00pm CT

by CloudNine on

As data complexity, discovery costs, and regulatory challenges increase in volume and impact, the pulse rate of publicly highlighted eDiscovery mistakes continues to build. While these mistakes are unfortunate for those who...more

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