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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The Sedona Conference Provides Guidance for Protection of Privileged ESI: eDiscovery Best Practices
 The Sedona Conference Provides Guidance for Protection of Privileged ESI: eDiscovery Best Practices 150 150 CloudNine

As volumes of electronically stored information (ESI) stored in the world doubles every 1.2 years, it becomes more challenging to identify the ESI that is subject to a claim of attorney-client privilege or work product protection and log and exclude that ESI from production. Federal Rule of Evidence 502 was intended to address waiver of such privilege claims and reduce the discovery costs, but many attorneys and judges don’t realize the protections the rule offers. Now, The Sedona Conference® has issued a new final commentary to “breathe some needed life” into the understanding and use of Rule 502.

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Most Firms Are More Concerned About Security Threats Than They Were Just Two Years Ago: eDiscovery Trends
 Most Firms Are More Concerned About Security Threats Than They Were Just Two Years Ago: eDiscovery Trends 150 150 CloudNine

If you’ve been paying attention to the headlines at all this year, it should come as no surprise that most firms are more concerned about security threats than they were just two years ago. But, what percentage of firms and what is their biggest security concern?

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Court Denies Plaintiff’s Request for In Camera Review of Defendants’ Privileged Emails: eDiscovery Case Law
 Court Denies Plaintiff’s Request for In Camera Review of Defendants’ Privileged Emails: eDiscovery Case Law 150 150 CloudNine

In Armouth International, Inc. v. Dollar General Corp. et. al., Tennessee Magistrate Judge Barbara D. Holmes, calling the plaintiff’s request a “fishing expedition”, denied the plaintiff’s expedited motion to compel, requesting that the defendants be required to produce emails that were either withheld or redacted based on claims of attorney-client privilege for an in camera review of the emails by the Court to confirm the privilege claims.

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Protective Orders Help Guard Against Data Breaches by Your Opponents: eDiscovery Trends
 Protective Orders Help Guard Against Data Breaches by Your Opponents: eDiscovery Trends 150 150 CloudNine

A couple of years ago Mandiant reported that 80 percent of the country’s largest law firms have been hacked. In litigation, you may have to produce your data to one of those firms representing the opposing party. Here’s how you can protect your organization.

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You Should “Categorically” Remember to Use Our Blog as a Knowledge Base: eDiscovery Trends
 You Should “Categorically” Remember to Use Our Blog as a Knowledge Base: eDiscovery Trends 150 150 CloudNine

As a daily blog that has been around for over 5 years, eDiscovery Daily has published over 1,310 posts to date. We’ve covered a lot of different categories related to eDiscovery over that time. But, do you know how to take advantage of the “Categories” feature on this blog to check them out?

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Court Grants Defendants’ Motion to Exclude Plaintiff’s Use of Spoliation Evidence: eDiscovery Case Law
 Court Grants Defendants’ Motion to Exclude Plaintiff’s Use of Spoliation Evidence: eDiscovery Case Law 150 150 CloudNine

In West v. Talton, Georgia District Judge C. Ashley Royal granted the defendants’ Motion in Limine to exclude all evidence and argument regarding spoliation, reserving its ruling on the remaining issues in the Motion in Limine.

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Is Information Governance “Too Important to Be Left to Humans”?: eDiscovery Trends
 Is Information Governance “Too Important to Be Left to Humans”?: eDiscovery Trends 150 150 CloudNine

According to a recent report by AIIM, there are “huge volumes of content in most organizations that are not under any form of information governance (IG), retention management, or eDiscovery”. In their new report (Information Governance: too important to be left to humans), AIIM takes an in-depth look at the scale of IG issues, the drivers to bring it under control, the effectiveness of automated classification, and the impact on risks and costs.

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“We Don’t Need No Stinking Badges” – On Facebook: eDiscovery Case Law
 “We Don’t Need No Stinking Badges” – On Facebook: eDiscovery Case Law 150 150 CloudNine

If you’re near my age and love movies, you probably love the classic Mel Brooks comedy Blazing Saddles. My favorite quote from that movie is when the bandido says “Badges? We don’t need no stinking badges!”* Apparently, there’s a new trend where people post pictures of their employee badges on social media. Guess what that leads to? Hacker access into their employer’s facilities.

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Defendant Ordered to Produce Unredacted Versions of Agreements and Shipment Data: eDiscovery Case Law
 Defendant Ordered to Produce Unredacted Versions of Agreements and Shipment Data: eDiscovery Case Law 150 150 CloudNine

In Mervyn v. Atlas Van Lines, Inc. et. al., Illinois Magistrate Judge Susan E. Cox granted the plaintiff’s motion to compel the defendants to produce unredacted owner-operator agreements and shipment data, rejecting the defendants’ argument that producing both would be an undue burden.

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The New Federal Rules Changes Are Official Today!: eDiscovery Trends
 The New Federal Rules Changes Are Official Today!: eDiscovery Trends 150 150 CloudNine

As we discussed yesterday, today is “E-Discovery Day”. Oh, and by the way, the December 2015 amendments to the Federal Rules of Civil Procedure (FRCP) are official today!

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