Our Insights on eDiscovery

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Former Employee Sanctioned for Lying Under Oath, Destruction of ESI: eDiscovery Case Law
 Former Employee Sanctioned for Lying Under Oath, Destruction of ESI: eDiscovery Case Law 479 270 CloudNine

In Heggen v. Maxim Healthcare Servs., Inc., Indiana Magistrate Judge Susan Collins ruled that the plaintiff’s destruction of requested cellphone recordings, as well as lying under oath, were sanctionable under FRCP Rule 37.

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eDiscovery for the Rest of Us: eDiscovery Best Practices
 eDiscovery for the Rest of Us: eDiscovery Best Practices 340 309 CloudNine

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 domain of large firms with large cases in Federal court. But the fact is that firms of all sizes now must know how to handle electronic discovery efficiently and cost-effectively. But, can firms find the technology they need to handle the smaller cases cost effectively?

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Could We Be Close to a Second State to Approve a Technology CLE Requirement?: eDiscovery Trends
 Could We Be Close to a Second State to Approve a Technology CLE Requirement?: eDiscovery Trends 338 290 CloudNine

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.” We covered it here. That requirement went into effect on January 1, 2017 and CloudNine has certainly been providing several CLE courses that are technology approved in Florida. We’ve been wondering when a second state was going to follow suit and we may be close to an answer.

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A Fresh Comparison of TAR and Keyword Search: eDiscovery Best Practices
 A Fresh Comparison of TAR and Keyword Search: eDiscovery Best Practices 341 338 CloudNine

Bill Dimm of Hot Neuron is one of the smartest men I know about technology assisted review (TAR). So, I’m always interested to hear what he has to say about TAR, how it can be used and how effective it is when compared to other methods (such as keyword searching). His latest blog post on the Clustify site talk about an interesting exercise that did exactly that: compared TAR to keyword search in a real classroom scenario.

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Former Football Players Sanctioned for Failure to Produce: eDiscovery Case Law
 Former Football Players Sanctioned for Failure to Produce: eDiscovery Case Law 479 270 CloudNine

In Michael E. Davis, et al. v. Electronic Arts, Inc., California Magistrate Judge Donna M. Ryu ruled that the plaintiff’s failure to fully comply with the discovery requests by the defendant were sanctionable under FRCP Rule 37, which states, “Such sanctions may include ordering a party to pay the reasonable expenses, including attorneys’ fees, caused by its failure to comply with the order or rule.”

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eDiscovery for the Rest of Us: eDiscovery Webcasts
 eDiscovery for the Rest of Us: eDiscovery Webcasts 460 261 CloudNine

Does it seem like eDiscovery technology today is only for the “mega-firms” and “mega-cases”? What about for the “rest of us”? Are there solutions for the small firms and cases too? What does the average lawyer need to know about eDiscovery today and how to select a solution that’s right for them? We will discuss these and other questions in a webcast at the end of the month.

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Former Autonomy CFO Convicted of Fraud: eDiscovery Trends
 Former Autonomy CFO Convicted of Fraud: eDiscovery Trends 342 342 CloudNine

Remember the fiasco that was the Hewlett-Packard (HP) acquisition of Autonomy (and our coverage of it back then)? Back in 2012, HP took a multi billion charge resulting from its acquisition of Autonomy back in 2011, one of the largest acquisitions in the eDiscovery industry at the time (and still). HP called on US and British authorities to investigate what it called “serious accounting improprieties, disclosure failures and outright misrepresentations at Autonomy” before the acquisition. Those allegations have now led to a conviction.

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“Master” Your Knowledge of eDiscovery With This Conference in Chicago in Two Weeks: eDiscovery Trends
 “Master” Your Knowledge of eDiscovery With This Conference in Chicago in Two Weeks: eDiscovery Trends 423 363 CloudNine

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!

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More Than Two Thirds of Data Breaches Take Months to Discover: Cybersecurity Trends
 More Than Two Thirds of Data Breaches Take Months to Discover: Cybersecurity Trends 275 247 CloudNine

One of my favorite annual cybersecurity publications to read is the Verizon Data Breach Investigations Report (DBIR), which analyzes the reported cybersecurity and data breach incidents for the year. As always, this year’s report has some interesting findings.

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Training Snapshot: Selecting Views with CloudNine
 Training Snapshot: Selecting Views with CloudNine 150 150 CloudNine

A snapshot demonstration of the process required to select user views within CloudNine to select a view that best fits with your workflow of reviewing documents.

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