Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.

Welcome to 2016! The Age of eDiscovery Automation is Upon Us!: eDiscovery Trends

It was not that many years ago that if we wanted to buy something, we had to go to a store. But, now, many of the services for which we used to rely on other people for are now automated in such a way that people can take care of that need themselves. What about in our industry – eDiscovery? Are we an automated industry? We’re becoming one – a lot faster than you think.

read more

What Do YOU Want for Christmas?: eDiscovery Wishes

Last year, I discussed what I want for Christmas (from an eDiscovery standpoint anyway) and we’ll take a look at those eDiscovery Christmas wishes and see how they turned out. This year, I thought it would be fun to turn the tables and ask (again, from an eDiscovery standpoint): What Do YOU Want for Christmas?

read more

Court Denies Plaintiff’s Motion to Compel the Defendant to Assist with Access to its Data: eDiscovery Case Law

In SFP Works, LLC v. Buffalo Armory, Michigan Chief District Judge Gerald E. Rosen, agreeing with the defendant that the plaintiff’s motion was untimely, and that Plaintiff “unreasonably declined” several options proposed by the defendant for accessing the data that was produced to it by the defendant, denied the plaintiff’s motion to compel access to operational data.

read more

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

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.

read more

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

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.

read more