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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According to Gartner, Cloud eDiscovery Solutions Gaining Momentum: eDiscovery Trends
 According to Gartner, Cloud eDiscovery Solutions Gaining Momentum: eDiscovery Trends 150 150 CloudNine

According to a new guide by Gartner designed to help General Counsel and IT leaders at organizations evaluate and select eDiscovery solutions for investigative and legal matters, cloud-based eDiscovery solutions are gaining momentum in the market.

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Cybersecurity Concerns Serve as Impetus for Law Firm Acquisition: eDiscovery Trends
 Cybersecurity Concerns Serve as Impetus for Law Firm Acquisition: eDiscovery Trends 150 150 CloudNine

We all know that data breaches and cybersecurity are more of a concern than ever. In at least one case, those concerns were part of the decision for two law firms to announce their decision to merge last week.

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“Master” Your Knowledge of eDiscovery Again – This Time, In New York City!: eDiscovery Trends
 “Master” Your Knowledge of eDiscovery Again – This Time, In New York City!: eDiscovery Trends 150 150 CloudNine

Back in May, I was excited and honored to moderate an enjoyable panel session in Chicago at The Masters Conference event there. However, if you aren’t located in the Chicago area (or didn’t travel there for the event) you may have missed it. Now, if you’re going to be in the New York area on July 11, you get another chance to attend!

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Appeals Court Reverses Terminating Sanctions Against Plaintiff for Deletion of Emails: eDiscovery Case Law
 Appeals Court Reverses Terminating Sanctions Against Plaintiff for Deletion of Emails: eDiscovery Case Law 150 150 CloudNine

In Flagship Theatres of Palm Desert, LLC v. Century Theatres, Inc. et. al., the Court of Appeals of California, Second District determined that the trial court “abused its discretion” by “granting terminating sanctions in a case in which the prejudice to the non-offending party can be ameliorated by a more limited remedy”. As a result, the appeals court reversed the judgment and remanded it back to the trial court with a lesser sanction, prohibiting the plaintiff “from offering evidence of acts, events, or communications occurring during the period” when one of the plaintiffs deleted emails.

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Here’s One Group of People Who May Not Be a Fan of Big Data Analytics: eDiscovery Trends
 Here’s One Group of People Who May Not Be a Fan of Big Data Analytics: eDiscovery Trends 150 150 CloudNine

Most of us love the idea of big data analytics and how it can ultimately benefit us, not just in the litigation process, but in business and life overall. But, there may be one group of people who may not be as big a fan of big data analytics as the rest of us: criminals who are being sentenced at least partly on the basis of predictive data analysis regarding the likelihood that they will be a repeat offender.

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Court Sanctions Plaintiff for Failing to Preserve Customer Communications: eDiscovery Case Law
 Court Sanctions Plaintiff for Failing to Preserve Customer Communications: eDiscovery Case Law 150 150 CloudNine

In Matthew Enterprise, Inc. v. Chrysler Group, LLC, California Magistrate Judge Paul S. Grewal, in one of his last orders before leaving the bench, determined that there was “no question that spoliation has occurred” and granted the defendant’s motion for sanctions for spoliation, “in its entirety, except for the proposed remedy”, opting for a middle ground between the parties’ proposals on what the remedy should be.

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Is Search Still Important in eDiscovery? I Say Yes: eDiscovery Best Practices
 Is Search Still Important in eDiscovery? I Say Yes: eDiscovery Best Practices 150 150 CloudNine

With the acceptance of predictive coding and other technology assisted review mechanisms growing over the past few years, some feel that keyword search is no longer important as a “key” (pun intended) component of the eDiscovery process. In a new article published last week, I discussed why search is so important in eDiscovery and why law firms and e-discovery companies need better search solutions.

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Court Settles Dispute Between Parties on Number of Custodians to Search and Produce: eDiscovery Case Law
 Court Settles Dispute Between Parties on Number of Custodians to Search and Produce: eDiscovery Case Law 150 150 CloudNine

In Family Wireless #1, LLC et. al. v. Automotive Technologies, Inc., Connecticut Magistrate Judge Sarah A. L. Merriam partially granted the plaintiff’s motion to compel the defendant to search and produce ESI from additional custodians, finding that “three of the six proposed custodians’ files are likely to include information relevant to this matter, and defendant has not met its burden of showing that inclusion of these three individuals would be unduly burdensome”.

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Court Determines Granting Defendant’s Motion to Request Overseas Documents is ‘Futile’: eDiscovery Case Law
 Court Determines Granting Defendant’s Motion to Request Overseas Documents is ‘Futile’: eDiscovery Case Law 150 150 CloudNine

In Al-Ameri et. al. v. Johns Hopkins Hospital, Maryland Magistrate Judge Stephanie A. Gallagher denied the defendant’s motion to compel on the basis that compelling the discovery sought would be futile.

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Is a Blended Document Review Rate of $466 Per Hour Excessive?: Best of eDiscovery Daily
 Is a Blended Document Review Rate of $466 Per Hour Excessive?: Best of eDiscovery Daily 150 150 CloudNine

Remember when we raised the question as to whether it is time to ditch the per hour model for document review? One of the cases we highlighted for perceived overbilling was ruled upon here.

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