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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Masters Conference 2016 in New York City on July 11, 2016
 Masters Conference 2016 in New York City on July 11, 2016 1024 1024 CloudNine

BakerHostetler has brought a new “attorney” into the fold named ROSS (not like “Ross” from the old TV show Friends, but “ROSS”). They call ROSS “artificially intelligent”, which doesn’t sound like a very nice thing to say, but it’s entirely accurate.

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Defendant Requests Terminating Sanctions for Plaintiff, but Court Opts for Lesser Sanctions: eDiscovery Case Law
 Defendant Requests Terminating Sanctions for Plaintiff, but Court Opts for Lesser Sanctions: eDiscovery Case Law 150 150 CloudNine

In Applied Underwriters, Inc. v. American Employer Group, Tennessee Magistrate Judge C. Clifford Shirley, Jr., ruling on several motions, granted in part and denied in part the defendant’s motion for sanctions, agreeing that the plaintiff’s numerous discovery deficiencies warranted sanctions, but not the dismissal that the defendant requested, opting instead to require the plaintiff to pay attorney’s fees for filing the motion.

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Defendant Ordered to Issue Litigation Hold, Respond to Discovery Requests: eDiscovery Case Law
 Defendant Ordered to Issue Litigation Hold, Respond to Discovery Requests: eDiscovery Case Law 150 150 CloudNine

In Bruner v. American Honda Motor Co., Alabama Magistrate Judge Katherine P. Nelson granted the plaintiffs’ motion to compel response to discovery requests for email, to perform additional searches, and to implement a litigation hold on the email accounts for relevant individuals to the case.

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Live Webinar Tomorrow! How Automation is Revolutionizing eDiscovery: eDiscovery Trends
 Live Webinar Tomorrow! How Automation is Revolutionizing eDiscovery: eDiscovery Trends 150 150 CloudNine

I’ve spoken a number of times about how automation is revolutionizing eDiscovery over the past few months, but tomorrow, you get an opportunity to see eDiscovery automation in action!

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The Sedona Conference Has Finalized its Cross-Border Discovery Guide: eDiscovery Best Practices
 The Sedona Conference Has Finalized its Cross-Border Discovery Guide: eDiscovery Best Practices 150 150 CloudNine

Nearly nine months after releasing a new publication for public comment to provide guidance for the cross-border data transfer and discovery challenges that many organizations and in-house counsel regularly confront, The Sedona Conference® Working Group 6 on International Electronic Information Management, Discovery and Disclosure (WG6) has released its final version of that guide.

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Virginia Politician’s Screen Grab Shows Porn Sites in Browser, He Gives ‘Testy’ Response: eDiscovery Trends
 Virginia Politician’s Screen Grab Shows Porn Sites in Browser, He Gives ‘Testy’ Response: eDiscovery Trends 150 150 CloudNine

At least once a year, I like to cover a “social media gone wrong” story to remind us how careful we all need to be when communicating via social media. This latest one illustrates that point quite well.

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Confidence in eDiscovery Business is Still Strong: eDiscovery Trends
 Confidence in eDiscovery Business is Still Strong: eDiscovery Trends 150 150 CloudNine

The results are in from Rob Robinson’s Spring 2016 eDiscovery Business Confidence Survey, which he conducted last month and the results are published on his terrific Complex Discovery site. Are individuals working in the eDiscovery ecosystem still as confident in the business as they were in the first quarter? Let’s see.

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Court Limits Scope of Search Terms Requested by Plaintiff: eDiscovery Case Law
 Court Limits Scope of Search Terms Requested by Plaintiff: eDiscovery Case Law 150 150 CloudNine

In AVM Technologies, LLC v. Intel Corp., Delaware Magistrate Judge Mary Pat Thynge granted in part the plaintiff’s request for the defendant to perform a database search of four terms and their synonyms, but limited the scope of that search to one specific defendant database, not the variety of sources requested by the plaintiff to be searched.

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Google Beats Oracle (Again): eDiscovery Trends
 Google Beats Oracle (Again): eDiscovery Trends 150 150 CloudNine

In a litigation that has been going on since 2010 (we started covering it in 2011), a federal jury concluded last Thursday that Google’s Android operating system does not infringe Oracle-owned copyrights because its re-implementation of 37 Java APIs is protected by “fair use.”

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The Cloud is a “Rush” Project’s Best Friend: eDiscovery Best Practices
 The Cloud is a “Rush” Project’s Best Friend: eDiscovery Best Practices 150 150 CloudNine

Today is Friday. While many of you can look forward to a long, enjoyable Memorial Day weekend, chances are that at least a few of you will be making weekend plans when, late in the day, you will receive a CD, DVD, hard drive or link to data on a server somewhere that needs to be reviewed over the weekend. If this happens, you can turn to the “cloud” to help you get started.

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