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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Less Than Half the States Still Have an Ethics Opinion Regarding Lawyer Cloud Usage: eDiscovery Best Practices
 Less Than Half the States Still Have an Ethics Opinion Regarding Lawyer Cloud Usage: eDiscovery Best Practices 150 150 CloudNine

From time to time, we like to take a look back at stories we’ve covered in the past and provide an update. About a year and a half ago, we published a blog post regarding the states that have published ethics opinions for lawyers regarding using and storing client data in the cloud. At that time, only 14 states (less than one third) had published an ethics opinion regarding lawyer cloud usage. Eighteen months later, only a few more states have done so.

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Defendant’s Wife Ordered to Turn Over iPhone for Examination: eDiscovery Case Law
 Defendant’s Wife Ordered to Turn Over iPhone for Examination: eDiscovery Case Law 150 150 CloudNine

In Brown Jordan International, Inc. et. al. v. Carmicle et. al., Kentucky District Judge Greg N. Stivers granted the plaintiffs’ expedited motion to compel the defendant’s wife to produce her iPhone for a forensic examination for information related to the case.

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Can You Predict the Future?: eDiscovery Trends
 Can You Predict the Future?: eDiscovery Trends 150 150 CloudNine

If you can, great! Send me an email and tell me what tomorrow’s blog post will be about. :o) If not, don’t worry (I can’t either). But, thanks to Rob Robinson, you’ve at least got a head start in predicting when the eDiscovery events for next year will occur.

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Even Lawyers Need Love Sometimes: eDiscovery Trends
 Even Lawyers Need Love Sometimes: eDiscovery Trends 150 150 CloudNine

If you work in the legal industry, you’ve probably heard this joke. What do you call 5,000 lawyers at the bottom of the ocean? A good start. Get it? It’s easy to joke about hating lawyers and some of us may not be joking. But, even lawyers need love sometimes. Believe it or not, today is National Love Your Lawyer Day.

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Calling First 30(b)(6) Witness a “Waste of Time”, Court Orders a Second Deposition: eDiscovery Case Law
 Calling First 30(b)(6) Witness a “Waste of Time”, Court Orders a Second Deposition: eDiscovery Case Law 150 150 CloudNine

In Rembert v. Cheverko et. al., New York District Judge Katherine B. Forrest granted the plaintiff’s motion “in its entirety” to compel the defendants to provide a properly prepared 30(b)(6) witness to testify regarding the defendants’ preservation and production of emails, to provide copies of document retention/preservation notices issued and to reimburse plaintiff’s costs and fees associated with having to conduct an additional deposition.

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Mo’ Data, Mo’ Data, Mo’ Data from EDRM: eDiscovery Trends
 Mo’ Data, Mo’ Data, Mo’ Data from EDRM: eDiscovery Trends 150 150 CloudNine

It didn’t take long for EDRM to deliver on its promise of an advanced data set. Back in August, EDRM announced the release of the first of its “Micro Datasets”, designed for eDiscovery data testing and process validation. The first one was small, this new data set is MUCH bigger.

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Here’s a Look at How and Where Legal Departments are Utilizing Data Analytics: eDiscovery Trends
 Here’s a Look at How and Where Legal Departments are Utilizing Data Analytics: eDiscovery Trends 150 150 CloudNine

Let’s face it, data analytics are everywhere. It’s no longer just Netflix suggesting movie choices based on previously watched movies or Amazon suggesting your next purchase, all companies are using data analytics to drive their business processes in various departments, including their legal departments. But how are in-house legal departments actually using data analytics capabilities? Here’s a new study that offers some answers.

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Court Agrees to Allow Defendant to Use Search Terms to Identify ESI to Preserve: eDiscovery Case Law
 Court Agrees to Allow Defendant to Use Search Terms to Identify ESI to Preserve: eDiscovery Case Law 150 150 CloudNine

In You v. Japan, California District Judge William Alsup granted the defendant’s motion to limit preservation of articles to those that contain one of several relevant search terms, as long as the defendant’s proposal was amended to include one additional term requested by the plaintiffs.

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Do You Have Anything to Fear, This Year?: eDiscovery Horrors!
 Do You Have Anything to Fear, This Year?: eDiscovery Horrors! 150 150 CloudNine

It’s that time of year, time for “Irish Jack” (you know, from the “O’Lantern” family) to make his annual appearance for Halloween. Every year at this time, we try to “scare” you with tales of eDiscovery (and now, cybersecurity) horrors (because, after all, we’re an eDiscovery blog). Let’s see how we do this year. Do you have anything to fear, this year?

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If You’re Going to Mine for Metadata in New Jersey, You May Want to Think Twice: eDiscovery Best Practices
 If You’re Going to Mine for Metadata in New Jersey, You May Want to Think Twice: eDiscovery Best Practices 150 150 CloudNine

A newly proposed adjustment to ethics rules in New Jersey would restrict attorneys from accessing metadata in documents if the metadata was inadvertently sent.

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