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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Norton Rose Fulbright’s New Annual Survey Shows More Cross-Border Discovery & Alternative Fee Arrangements: eDiscovery Trends
 Norton Rose Fulbright’s New Annual Survey Shows More Cross-Border Discovery & Alternative Fee Arrangements: eDiscovery Trends 219 284 CloudNine

According to Norton Rose Fulbright’s Litigation Trends Annual Survey for 2016 released last week, eDiscovery is “increasingly painful and costly to manage, particularly considering the growth of cross-border discovery”. Interestingly, however, more respondents are now using alternative fee arrangements (AFAs) and in a higher proportion of the litigation work they carry out, with a whopping 97% satisfied with the work conducted under an AFA.

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Pick Six! eDiscovery Daily is Six Years Old!
 Pick Six! eDiscovery Daily is Six Years Old! 242 270 CloudNine

Believe it or not, it has been six years ago today since we launched the eDiscovery Daily blog! And, today is our 1,500th post! We like to take a look back every six months at some of the important stories and topics during that time. So, here are some posts over the last six months you may have missed. Enjoy!

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If You Missed the eDiscovery Business Confidence Webinar, You Can Catch it Here: eDiscovery Trends
 If You Missed the eDiscovery Business Confidence Webinar, You Can Catch it Here: eDiscovery Trends 205 147 CloudNine

Last week, ACEDS hosted a webinar (sponsored by CloudNine) with expert commentary on the results of the Complex Discovery Summer 2016 eDiscovery Business Confidence Survey, which was conducted last month with the results published on Rob Robinson’s terrific Complex Discovery site. If you missed the webinar, you can catch a video of it now.

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Defendant Not Required to Produce All Documents Responsive to Search Terms: eDiscovery Case Law
 Defendant Not Required to Produce All Documents Responsive to Search Terms: eDiscovery Case Law 479 270 CloudNine

In Bancpass, Inc. v. Highway Toll Administration, LLC, Texas Magistrate Judge Andrew W. Austin (no relation) denied the plaintiff’s Motion to Enforce Discovery Agreements with regard to the plaintiff’s request for the defendant to produce all non-privileged documents responsive to search terms agreed to over email.

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Don’t Miss Today’s Webinar to Hear Expert’s Views on eDiscovery Business Confidence!: eDiscovery Trends
 Don’t Miss Today’s Webinar to Hear Expert’s Views on eDiscovery Business Confidence!: eDiscovery Trends 205 147 CloudNine

Last week, we covered results from the ACEDS and Complex Discovery Summer 2016 eDiscovery Business Confidence Survey, which was conducted last month with the results published on Rob Robinson’s terrific Complex Discovery site. Today, you can attend a webinar to hear experts comment on the results of the survey and their thoughts about the state of eDiscovery business in general!

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Defendant Receives Terminating Sanctions and More for “Persistent Contemptuous Behavior”: eDiscovery Case Law
 Defendant Receives Terminating Sanctions and More for “Persistent Contemptuous Behavior”: eDiscovery Case Law 479 270 CloudNine

In Teledyne Technologies Inc. v. Shekar, No. 15-1392 (N.D. Ill., Aug. 22, 2016), Illinois District Judge Ronald A. Guzmàn, finding that the defendant “has failed to purge himself of contempt for the repeated refusal to comply with this Court’s orders”, entered judgment against the defendant, dismissed his counterclaims, and directed him to pay the plaintiff’s reasonable attorney’s fees and costs incurred as a result of having to pursue relief for the defendant’s “persistent contemptuous behavior”.

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Sometimes, Your Wildcard May Not Be “Wild” Enough: eDiscovery Best Practices
 Sometimes, Your Wildcard May Not Be “Wild” Enough: eDiscovery Best Practices 331 221 CloudNine

On the very first day we launched this blog nearly six years ago, one of our first blog posts was called “Don’t Get ‘Wild’ with Wildcards” where we showed how a poorly constructed wildcard of “min*” to retrieve variations like “mine”, “mines” and “mining” actually retrieved over 300,000 files with hits because there are 269 words in the English language that begin with the letters “min” (such as words like “mink”, “mind”, “mint” and “minion”). Sometimes, though, you have the opposite problem – your wildcard isn’t “wild” enough.

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Now You Can Weigh in on Principles and Guidelines for Developing and Implementing a Sound eDiscovery Process: eDiscovery Best Practices
 Now You Can Weigh in on Principles and Guidelines for Developing and Implementing a Sound eDiscovery Process: eDiscovery Best Practices 428 600 CloudNine

The Sedona Conference® has had a busy summer. Last month, they finalized their guide for “possession, custody, or control” as it’s used in Federal Rules 34 and 45 and also issued a Public Comment Version of a new TAR Case Law Primer. Now, they have also issued a Public Comment Version of a new Principles and Guidelines for Developing and Implementing a Sound E-Discovery Process, which is a project of its Working Group on Electronic Document Retention and Production (WG1).

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According to Gartner, Machine Learning is at the Peak of Inflated Expectations: eDiscovery Trends
 According to Gartner, Machine Learning is at the Peak of Inflated Expectations: eDiscovery Trends 596 432 CloudNine

I missed this earlier, but, last month, Gartner published the 2016 edition of its Hype Cycle chart. Machine Learning is only one of several “smart machine technologies” that will be “the most disruptive class of technologies over the next 10 years”. But, if you look at the chart closely, you will find that Machine Learning is at the “Peak of Inflated Expectations”.

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Here’s Your Chance to Hear Experts’ Views on eDiscovery Business Confidence: eDiscovery Trends
 Here’s Your Chance to Hear Experts’ Views on eDiscovery Business Confidence: eDiscovery Trends 225 225 CloudNine

Earlier this week, we covered results from the ACEDS and Complex Discovery Summer 2016 eDiscovery Business Confidence Survey, which was conducted last month with the results published on Rob Robinson’s terrific Complex Discovery site. Now, you can hear experts comment on the results of the survey and their thoughts about the state of eDiscovery business in general!

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