Our Insights on eDiscovery

Tom O’Connor of Advanced Discovery: eDiscovery Trends

February 29, 2016

Today’s thought leader is Tom O’Connor. Tom is a nationally known consultant, speaker and writer in the area of computerized litigation support systems. A frequent lecturer on the subject of legal technology, Tom has been on the faculty of numerous national CLE providers and has taught college level courses on legal technology. Tom’s involvement with large cases led him to become familiar with dozens of various software applications for litigation support and he has both designed databases and trained legal staffs in their use on many of the cases mentioned above. This work has involved both public and private law firms of all sizes across the nation. Tom is the Director of the Gulf Coast Legal Technology Center in New Orleans and he is the Senior ESI Consultant with Advanced Discovery.

Jason R. Baron of Drinker Biddle & Reath LLP: eDiscovery Trends

February 26, 2016

Today’s thought leader is Jason R. Baron. An internationally recognized speaker and author on the preservation of electronic documents, Jason is a member of Drinker Biddle’s Information Governance and eDiscovery practice and also a member of the leadership team for the Information Governance Initiative. Jason previously served as Director of Litigation for the U.S. National Archives and Records Administration (NARA) and as trial lawyer and senior counsel at the Department of Justice. He was a founding co-coordinator of the National Institute of Standards and Technology TREC Legal Track, a multi-year international information retrieval project devoted to evaluating search issues in a legal context. He also founded the international DESI (Discovery of Electronically Stored Information) workshop series, bringing together lawyers and academics to discuss cutting-edge issues in eDiscovery.

Our Nation’s Largest City is Not Immune to eDiscovery Sanctions: eDiscovery Case Law

February 25, 2016

In Stinson v. City of New York, New York District Judge Robert W. Sweet granted in part and denied in part the plaintiffs’ motion seeking sanctions for spoliation of evidence against the defendants for failure to issue a litigation hold, opting for a permissive inference rather than a mandatory adverse inference sanction against the defendants.

George Socha of Socha Consulting LLC: eDiscovery Trends

February 24, 2016

Today’s thought leader is George Socha. A litigator for 16 years, George is President of Socha Consulting LLC, offering services as an electronic discovery expert witness, special master and advisor to corporations, law firms and their clients, and legal vertical market software and service providers in the areas of electronic discovery and automated litigation support. George has also been co-author of the leading survey on the electronic discovery market, The Socha-Gelbmann Electronic Discovery Survey; in 2011, he and Tom Gelbmann converted the Survey into Apersee, an online system for selecting eDiscovery providers and their offerings. In 2005, he and Tom Gelbmann launched the Electronic Discovery Reference Model project to establish standards within the eDiscovery industry – today, the EDRM model has become a standard in the industry for the eDiscovery life cycle and there are nine active projects with over 300 members from 81 participating organizations. George has a J.D. for Cornell Law School and a B.A. from the University of Wisconsin – Madison.

DOJ and FBI Respond to Apple’s Letter Regarding Breaking Encryption of San Bernardino Shooter’s iPhone: eDiscovery Trends

February 23, 2016

It probably comes as no surprise that the government didn’t take Apple’s opposition to the Federal order to give investigators access to encrypted data on the iPhone used by one of the San Bernardino shooters lying down.

Brad Jenkins of CloudNine: eDiscovery Trends

February 22, 2016

Today’s thought leader is Brad Jenkins of CloudNine™. Brad has over 20 years of experience as an entrepreneur, as well as 15 years leading customer focused companies in the litigation technology arena. Brad also has authored several articles on document management and litigation support issues, and has appeared as a speaker before national audiences on document management practices and solutions. He’s also my boss! :o)

What Are the Biggest Challenges for Law Departments in 2016? This Report Has Some Answers: eDiscovery Trends

February 19, 2016

According to Consilio’s Law Department Benchmarking Report, a survey encompassing data from 119 company’s law departments ranging in revenue from 2 to 10 billion dollars which was released on Tuesday, over 50 percent of law departments find that increasing or changing regulatory requirements pose the biggest challenge in 2016. That, and other, findings can be found in the report, which is now available.

Apple in Court Battle Over Access to San Bernardino Shooter’s iPhone: eDiscovery Trends

February 18, 2016

In a case that pits national security vs. privacy concerns, a federal judge on Tuesday ordered Apple to give investigators access to encrypted data on the iPhone used by one of the San Bernardino shooters, a court order that Apple has vowed to fight, accusing the federal government of an “overreach” that could potentially breach the privacy of millions of customers.

Dispute Over Adequacy of Defendant’s Production Leads to Court Ordered Meet and Confer: eDiscovery Case Law

February 17, 2016

In Gardner et. al. v. Continental Casualty Company, Connecticut Magistrate Judge Joan Glazer Margolis, granting the plaintiff’s motion to compel in part, ordered the parties to meet and confer regarding “’sampling and iterative confinement’ or ‘quick peek protocol’ of the 38,000 documents ‘hit’ by the agreed upon search terms and notify the court in writing “about their progress, or lack thereof, on or before February 12, 2016.”

Announcing Sixth Annual LTNY Thought Leader Series!: eDiscovery Trends

February 16, 2016

The annual appearance of the dancing light bulb can only mean one thing – it’s time for another thought leader series! Over our nearly 5 1/2 years of our existence, eDiscovery Daily has published several thought leader interviews from various thought leaders throughout the eDiscovery community, including an annual series of interviews at LegalTech New York (LTNY). For the sixth(!) consecutive year, we’re pleased to introduce the schedule for this year’s series, which will begin next Monday, February 22.