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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What Can Go Wrong, Will Go Wrong. Here’s What to Do About It: eDiscovery Trends
 What Can Go Wrong, Will Go Wrong. Here’s What to Do About It: eDiscovery Trends 370 211 CloudNine

If you’ve ever managed a discovery project for litigation, investigations or audits, you know that “Murphy’s Law” dictates that a number of “pitfalls” and “potholes” can (and will) occur that can derail your project. These issues can add considerable cost to your discovery effort through unexpected rework and also cause you to miss important deadlines or even incur the wrath of a judge for not following accepted rules and principles for discovery. Here’s a new webinar that will help you avoid many of these “pitfalls” and “potholes”.

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What’s Changed and What’s Next for EDRM at Duke: eDiscovery Trends
 What’s Changed and What’s Next for EDRM at Duke: eDiscovery Trends 189 111 CloudNine

As we’ve discussed, EDRM was recently acquired by Duke Law School’s Center for Judicial Studies. How will this new partnership change EDRM? Yesterday, EDRM and Duke Law conducted a webinar to discuss the future of EDRM at Duke, what’s changed and what’s next.

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Failing to Test Search Terms Before Agreeing to Them Can Be Costly: eDiscovery Best Practices
 Failing to Test Search Terms Before Agreeing to Them Can Be Costly: eDiscovery Best Practices 340 342 CloudNine

As soon as litigation is anticipated, it’s a good idea to begin collecting potentially responsive data and assessing it by performing searches and testing the results. Because, if you wait until after the meet and confer with opposing counsel to do so, it can be expensive.

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Court Denies Untimely Motion to Compel Production of Text Messages: eDiscovery Case Law
 Court Denies Untimely Motion to Compel Production of Text Messages: eDiscovery Case Law 340 341 CloudNine

In Healthwerks, Inc. et. al. v. Stryker Spine, et. al., Wisconsin District Judge Pamela Pepper denied a motion to compel production of text messages issued by the plaintiffs and third party defendants against the defendant Stryker, agreeing with Stryker that filing the motion almost six months after discovery had closed was untimely.

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The Sedona Principles Has Been Around Longer Than You May Realize: eDiscovery Best Practices
 The Sedona Principles Has Been Around Longer Than You May Realize: eDiscovery Best Practices 428 600 CloudNine

It has been close to fifteen years since the original public comment draft of The Sedona Principles: Best Practices, Recommendations & Principles for Addressing Electronic Document Production was released. Even the second edition of The Sedona Principles was published all the way back in 2007 – that’s before the iPhone was even commercially available! Now, after almost ten years, the public comment version of the Third Edition has now been released.

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Today is The Day to Find Out about Current Trends in eDiscovery: eDiscovery Trends
 Today is The Day to Find Out about Current Trends in eDiscovery: eDiscovery Trends 428 244 CloudNine

If you don’t write a daily blog like I do and don’t have a lot of time to keep up with current eDiscovery trends otherwise, you can attend our webcast today for a recap of recent key eDiscovery trends and case law to stay current with today’s trends in eDiscovery, information governance and cybersecurity.

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Putting Information on File Share Site without Protection Waives Privilege, Court Rules: eDiscovery Case Law
 Putting Information on File Share Site without Protection Waives Privilege, Court Rules: eDiscovery Case Law 479 270 CloudNine

In Harleysville Insurance Co. v. Holding Funeral Home, Inc., Virginia Magistrate Judge Pamela Meade Sargent ruled that the plaintiff’s placement of privileged information on a file share site and distribution of the hyperlink to access that information without providing any protection for the site resulted in a failure to take reasonable steps to protect the information – as a result, the declared attorney-client privilege and work-product protections were waived. Judge Sargent also denied the plaintiff’s motion to disqualify defense counsel for accessing the information without informing plaintiff’s counsel, but did order defense counsel to pay the plaintiff’s fees and costs in bringing the motion.

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Webcast: Pitfalls and Potholes to Avoid in Your eDiscovery Projects
 Webcast: Pitfalls and Potholes to Avoid in Your eDiscovery Projects 150 150 CloudNine

This webcast will discuss some of the most common “pitfalls” and “potholes” encountered during the discovery life cycle and how to address them to keep your discovery project on track.

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Something in Common with a Secret Service Agent: eDiscovery Trends
 Something in Common with a Secret Service Agent: eDiscovery Trends 435 266 CloudNine

I have something in common with a Secret Service agent. We both have had a laptop stolen out of a vehicle.

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Defendant Not Required to Modify Production After Plaintiff Fails to Demonstrate Prejudice: eDiscovery Case Law
 Defendant Not Required to Modify Production After Plaintiff Fails to Demonstrate Prejudice: eDiscovery Case Law 479 270 CloudNine

In Excel Enterprises, LLC v. Winona PVD Coatings, LLC, Indiana Magistrate Judge Michael G. Gotsch, Sr. ruled that despite the fact that the defendant failed to demonstrate that it produced documents kept in the ordinary course of business, the plaintiff failed to demonstrate any prejudice suffered from the current state of the production and granted the defendant’s motion to reconsider the court’s earlier order regarding the format of the defendant’s production.

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