Our Insights on eDiscovery

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English Court Rules that Respondents Can Use Predictive Coding in Contested Case: eDiscovery Case Law
 English Court Rules that Respondents Can Use Predictive Coding in Contested Case: eDiscovery Case Law 428 600 CloudNine

In Brown v BCA Trading, et. al., Mr. Registrar Jones ruled that, with “nothing, as yet, to suggest that predictive coding will not be able to identify the documents which would otherwise be identified through, for example, keyword search”, “predictive coding must be the way forward” in this dispute between parties as to whether the Respondents could use predictive coding to respond to eDisclosure requests.

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Judge Peck Refuses to Order Defendant to Use Technology Assisted Review: eDiscovery Case Law
 Judge Peck Refuses to Order Defendant to Use Technology Assisted Review: eDiscovery Case Law 479 270 CloudNine

In Hyles v. New York City, New York Magistrate Judge Andrew J. Peck, indicating that the key issue before the court in the discovery dispute between parties was whether (at the plaintiff’s request) the defendants can be forced to use technology assisted review, refused to force the defendant to do so, stating “The short answer is a decisive ‘NO.’”

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Court Compels Plaintiff to Provide Social Media Account and Activity Data: eDiscovery Case Law
 Court Compels Plaintiff to Provide Social Media Account and Activity Data: eDiscovery Case Law 479 270 CloudNine

In Waters v. Union Pacific Railroad Co., Kansas Magistrate Judge Kenneth G. Gale granted the defendant’s motion to compel the plaintiff to produce account information associated with his social media accounts as well as postings from the dates he missed work in conjunction with his injury claims against the defendant. Judge Gale also granted most of the components of the plaintiff’s motion to compel against the defendant for various discovery requests.

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ACEDS Adds its Weight to the eDiscovery Business Confidence Survey: eDiscovery Trends
 ACEDS Adds its Weight to the eDiscovery Business Confidence Survey: eDiscovery Trends 334 328 CloudNine

The eDiscovery Business Confidence Survey is a non-scientific survey designed to provide insight into the business confidence level of individuals working in the eDiscovery ecosystem. The term ‘business’ represents the economic factors that impact the creation, delivery, and consumption of eDiscovery products and services. The purpose of the survey is to provide a subjective baseline for understanding the trajectory of the business of eDiscovery through the eyes of industry professionals.

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How Automation is Revolutionizing eDiscovery: eDiscovery Trends
 How Automation is Revolutionizing eDiscovery: eDiscovery Trends 205 147 CloudNine

If you missed our panel session last month in New York City at The Masters Conference, you missed a terrific discussion about automation in eDiscovery and, particularly an in-depth discussion about technology assisted review (TAR) and whether it lives up to the current hype. Now, you get another chance to check it out, thanks to ACEDS.

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Less Than Half of Cloud Users Have a Proactive Approach to Security: eDiscovery Trends
 Less Than Half of Cloud Users Have a Proactive Approach to Security: eDiscovery Trends 275 247 CloudNine

We’ve covered the growth of cloud adoption several times, especially in eDiscovery, including here and here. However, according to a new survey from Ponemon, organizations apparently aren’t adopting appropriate governance and security measures to protect sensitive data in the cloud.

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Less Than Half the States Have a Technology Competence Requirement for Attorneys: eDiscovery Trends
 Less Than Half the States Have a Technology Competence Requirement for Attorneys: eDiscovery Trends 495 339 CloudNine

As you all know, I love a good infographic. This one reflects the states that require attorneys to stay abreast of changes in technology relating to law practice. Does your state have a technology competence requirement for its attorneys?

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Another Busy Year Shaping Up for Mergers and Acquisitions: eDiscovery Trends
 Another Busy Year Shaping Up for Mergers and Acquisitions: eDiscovery Trends 336 284 CloudNine

One of the trends that most thought leaders that we interviewed in our annual thought leader interview series this year identified was that the eDiscovery provider market was finally consolidating and the pace of mergers and acquisitions was accelerating. So far this year, that trend is proving true.

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Court Assesses $3 Million Punitive Sanction to Defendant for “Bad Faith” Deletion of Emails: eDiscovery Case Law
 Court Assesses $3 Million Punitive Sanction to Defendant for “Bad Faith” Deletion of Emails: eDiscovery Case Law 479 270 CloudNine

In GN Netcom, Inc. v. Plantronics, Inc., Delaware District Judge Leonard P. Stark, finding a high degree of fault, bad-faith intent to deprive the plaintiff of responsive documents and prejudice caused to the plaintiff’s case, imposed several sanctions against the defendant, including “punitive sanctions in the amount of $3,000,000” for the “intentional and admitted deletion of emails” by the defendant’s Senior Vice President of Sales.

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We Are Family, I Got All My Attachments and Me: eDiscovery Best Practices
 We Are Family, I Got All My Attachments and Me: eDiscovery Best Practices 421 414 CloudNine

OK, I know that’s not how the classic Sister Sledge song goes, but I’m such an eDiscovery geek that every time I think of that song these days, I think of keeping email and attachment families together. One of the most common mistakes that I see clients make is that they forget to account for complete “families” in their email productions, which leads to an incomplete production to opposing counsel.

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