Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.
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Is Technology Assisted Review Older than the US Government? – eDiscovery Trends
 Is Technology Assisted Review Older than the US Government? – eDiscovery Trends 150 150 CloudNine

A lot of people consider Technology Assisted Review (TAR) and Predictive Coding (PC) to be new technology. We attempted to debunk that as myth last year after our third annual thought leader interview series by summarizing comments from some of the thought leaders that noted that TAR and PC really just apply artificial intelligence to the review process. But, the foundation for TAR may go way farther back than you might think.

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eDiscovery Throwback Thursdays – How Databases Were Used, Circa Early 1980s, Part 5
 eDiscovery Throwback Thursdays – How Databases Were Used, Circa Early 1980s, Part 5 150 150 CloudNine

So far in this blog series, we’ve taken a look at the ‘litigation support culture’ in the late 1970’s and early 1980’s, we’ve covered how databases were built, and we started discussing how databases were used. We’re going to continue that in this post by discussing the workflow for searching and selecting documents for review.

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Court Grants Motion for Spoliation Sanctions Due to Data that is “Less Accessible” – eDiscovery Case Law
 Court Grants Motion for Spoliation Sanctions Due to Data that is “Less Accessible” – eDiscovery Case Law 150 150 CloudNine

In Mazzei v. Money Store, New York Magistrate Judge Ronald L. Ellis granted the plaintiff’s motion for spoliation sanctions against the defendant, ordering the defendant to bear the cost of obtaining all the relevant data in question from a third party as well as paying for plaintiff attorney fees in filing the motion.

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Litigation Support Tools of the Trade – eDiscovery Best Practices
 Litigation Support Tools of the Trade – eDiscovery Best Practices 150 150 CloudNine

If you have worked in litigation support for a number of years like I have, you start to assemble a toolkit of applications that help you get your job done more quickly and efficiently. In her excellent Litigation Support Guru blog, Amy Bowser-Rollins has recently published a series of posts that describe tools of the trade that she recommends to litigation support “newbies”. Let’s take a look.

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Court Rules to Limit Scope of Discovery, Noting that “Searching for ESI is only one discovery tool” – eDiscovery Case Law
 Court Rules to Limit Scope of Discovery, Noting that “Searching for ESI is only one discovery tool” – eDiscovery Case Law 150 150 CloudNine

In United States v. Univ. of Neb. at Kearney, Nebraska Magistrate Judge Cheryl R. Zwart denied the government’s motion to compel discovery, finding that “ESI is neither the only nor the best and most economical discovery method for obtaining the information the government seeks” and stating that searching for ESI “should not be deemed a replacement for interrogatories, production requests, requests for admissions and depositions”.

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New Survey Shows eDiscovery Workload, Predictive Coding Use Increasing – eDiscovery Trends
 New Survey Shows eDiscovery Workload, Predictive Coding Use Increasing – eDiscovery Trends 150 150 CloudNine

eDiscovery workload, the use of predictive coding and projected rate of adoption of technically assisted review are all up significantly, according to a new report by recruiting and staffing firm The Cowen Group.

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eDiscovery Throwback Thursdays – How Databases Were Used, Circa Early 1980s, Part 4
 eDiscovery Throwback Thursdays – How Databases Were Used, Circa Early 1980s, Part 4 150 150 CloudNine

So far in this blog series, we’ve taken a look at the ‘litigation support culture’ in the late 1970’s and early 1980’s, and we’ve covered how a database was built. We’re going to move on to discuss how those databases were used. The picture above is of a Texas Instruments Silent 700 terminal – which was the standard for use by litigators. This photo was taken at the Texas State Historical Museum.

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Court Denies Plaintiff’s Fallback Request for Meet and Confer after Quashing its Subpoena – eDiscovery Case Law
 Court Denies Plaintiff’s Fallback Request for Meet and Confer after Quashing its Subpoena – eDiscovery Case Law 150 150 CloudNine

In Boston Scientific Corporation v. Lee, California Magistrate Judge Paul S. Grewal found time to preside over a case other than Apple v. Samsung and granted the motion to quash the plaintiff’s subpoena for the defendant’s laptops, refusing the plaintiff’s fallback position to meet and confer and referencing Leave it to Beaver in the process.

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How Much Will it Cost? – eDiscovery Best Practices
 How Much Will it Cost? – eDiscovery Best Practices 150 150 CloudNine

By far, the most important (and, therefore, the most asked) question asked of eDiscovery providers is “How much will it cost?”. Actually, you should be asking a few questions to get that answer – if they are the right questions, you can actually get the answer you seek.

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Though it was “Switching Horses in Midstream”, Court Approves Plaintiff’s Predictive Coding Plan – eDiscovery Case Law
 Though it was “Switching Horses in Midstream”, Court Approves Plaintiff’s Predictive Coding Plan – eDiscovery Case Law 150 150 CloudNine

In Bridgestone Americas Inc. v. Int’l Bus. Mach. Corp., Tennessee Magistrate Judge Joe B. Brown, acknowledging that he was “allowing Plaintiff to switch horses in midstream”, nonetheless ruled that that the plaintiff could use predictive coding to search documents for discovery, even though keyword search had already been performed.

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