Our Insights on eDiscovery

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What Are the Biggest Challenges for Law Departments in 2016? This Report Has Some Answers: eDiscovery Trends
 What Are the Biggest Challenges for Law Departments in 2016? This Report Has Some Answers: eDiscovery Trends 150 150 CloudNine

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.

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Apple in Court Battle Over Access to San Bernardino Shooter’s iPhone: eDiscovery Trends
 Apple in Court Battle Over Access to San Bernardino Shooter’s iPhone: eDiscovery Trends 150 150 CloudNine

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.

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Dispute Over Adequacy of Defendant’s Production Leads to Court Ordered Meet and Confer: eDiscovery Case Law
 Dispute Over Adequacy of Defendant’s Production Leads to Court Ordered Meet and Confer: eDiscovery Case Law 150 150 CloudNine

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.”

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Announcing Sixth Annual LTNY Thought Leader Series!: eDiscovery Trends
 Announcing Sixth Annual LTNY Thought Leader Series!: eDiscovery Trends 150 150 CloudNine

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.

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Survey Says! How Confident Are You About the eDiscovery Business?: eDiscovery Trends
 Survey Says! How Confident Are You About the eDiscovery Business?: eDiscovery Trends 150 150 CloudNine

On his terrific Complex Discovery site, Rob Robinson is currently conducting an interesting survey for those interested in the business confidence level of individuals working in eDiscovery.

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Alteration of Domain in Produced Emails Leads to Sanctions for Plaintiffs: eDiscovery Case Law
 Alteration of Domain in Produced Emails Leads to Sanctions for Plaintiffs: eDiscovery Case Law 150 150 CloudNine

In CAT3, LLC v. Black Lineage, Inc., New York Magistrate Judge James C. Francis IV, ruling that emails produced by the plaintiffs were “intentionally altered”, ordered that the plaintiffs would be precluded from relying on “their version” of those emails to demonstrate their case and that the plaintiffs would bear the “costs, including reasonable attorney’s fees, incurred by the defendants in establishing the plaintiffs’ misconduct and in securing relief.”

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EDRM and the Institute for Information Governance offer New Professional Education Series: eDiscovery Trends
 EDRM and the Institute for Information Governance offer New Professional Education Series: eDiscovery Trends 150 150 CloudNine

As you know if you read this blog, EDRM is committed to education within the eDiscovery industry. Now, a new partnership with the Institute for IG and IMERGE Consulting will provide education for those interested in learning more about information governance (IG) and electronic records management (ERM).

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Various Observations from LegalTech 2016: eDiscovery Trends
 Various Observations from LegalTech 2016: eDiscovery Trends 150 150 CloudNine

At the start of the year, one of the goals that I identified for the blog this year was to provide more perspectives from other professionals in the industry. Not only does that give our readership different points of view, but it also saves me some work! With that in mind, I asked various people that I met with (and/or presented with) at LegalTech® New York 2016 (LTNY) last week to offer their observations about this year’s conference. Ten of them did, and those observations are reflected here.

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Europe and US Agree to Replace Safe Harbor with a Shield: eDiscovery Trends
 Europe and US Agree to Replace Safe Harbor with a Shield: eDiscovery Trends 150 150 CloudNine

While many of us were at LegalTech® New York 2016 last week, an important new framework for transatlantic data flows was agreed upon – the EU-US Privacy Shield.

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Changes in Federal Rules Result in Reversal of Adverse Inference Sanction: eDiscovery Case Law
 Changes in Federal Rules Result in Reversal of Adverse Inference Sanction: eDiscovery Case Law 150 150 CloudNine

In Nuvasive, Inc. v. Madsen Med. Inc., California Chief District Judge Barry Ted Moskowitz, considering new standards imposed under recently amended Federal Rule of Civil Procedure 37(e), granted the plaintiff’s motion for an order vacating the Court’s previous order granting (in part) the defendants’ Motion for Sanctions for Spoliation of Evidence.

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