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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Date Searching for Emails and Loose Files Can Be Tricky: eDiscovery Best Practices
 Date Searching for Emails and Loose Files Can Be Tricky: eDiscovery Best Practices 150 150 CloudNine

I recently had a client that was searching for emails and loose files based on a relevant date range. However, because of the way the data was collected and the way the search was performed, identifying the correct set of responsive emails and loose files within the relevant date range proved to be challenging. Let’s take a look at the challenges this client faced.

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Not Surprisingly, The Big Data Market is Getting Really Big: eDiscovery Trends
 Not Surprisingly, The Big Data Market is Getting Really Big: eDiscovery Trends 150 150 CloudNine

A new forecast from International Data Corporation (IDC) announced last week predicts BIG growth for the big data technology and services market through 2019. Are you surprised by that? Didn’t think so. Here is a closer look.

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Court Finds No Discovery Abuses by Defendant that Produced MSG Instead of TIFF Files: eDiscovery Case Law
 Court Finds No Discovery Abuses by Defendant that Produced MSG Instead of TIFF Files: eDiscovery Case Law 150 150 CloudNine

In Feist v. Paxfire, Inc., New York Magistrate Judge Ronald L. Ellis denied the plaintiff’s request for reimbursement of costs and expenses related to document production, finding that the plaintiff had made no showing of significant discovery abuses by the defendant, and had not demonstrated that the defendant engaged in intentionally burdensome production.

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In The Era of the Data Breach, Pandora’s Box Could be a Flash Drive: eDiscovery Trends
 In The Era of the Data Breach, Pandora’s Box Could be a Flash Drive: eDiscovery Trends 150 150 CloudNine

Here’s an interesting pop quiz for you. Which option would you pick?

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It Was Only a Matter of Time Before The Sedona Conference Weighed in on Privacy and Security: eDiscovery Best Practices
 It Was Only a Matter of Time Before The Sedona Conference Weighed in on Privacy and Security: eDiscovery Best Practices 150 150 CloudNine

When we started this blog over five years ago, privacy and security wasn’t the big topic it is today. Now, there seems to be a story about a data breach practically every day and privacy is a big issue, especially internationally. Thankfully, The Sedona Conference® has created a guide to help with this growing issue.

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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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