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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Two Cases Regarding Overtime Pay for Contract Attorneys with Mixed Results: eDiscovery Trends
 Two Cases Regarding Overtime Pay for Contract Attorneys with Mixed Results: eDiscovery Trends 683 1024 CloudNine

Last July, we covered a case where a contract review attorney filed a lawsuit demanding overtime pay from law firm Skadden, Arps and legal staffing agency Tower Legal Solutions, alleging that the highly managed review work that he performed should not be considered the practice of law because he was not required to exercise any legal judgment. That case and one other have concluded (pending appeal) with mixed results.

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The Age of eDiscovery Automation May Be Upon Us, But We Still Need Lawyers: eDiscovery Trends
 The Age of eDiscovery Automation May Be Upon Us, But We Still Need Lawyers: eDiscovery Trends 683 1024 CloudNine

Yesterday, I proclaimed that the “Age of eDiscovery Automation is Upon Us”. But, does that mean that scores of lawyers need to start looking for work? Not necessarily.

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Welcome to 2016! The Age of eDiscovery Automation is Upon Us!: eDiscovery Trends
 Welcome to 2016! The Age of eDiscovery Automation is Upon Us!: eDiscovery Trends 1024 816 CloudNine

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.

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What Do YOU Want for Christmas?: eDiscovery Wishes
 What Do YOU Want for Christmas?: eDiscovery Wishes 150 150 CloudNine

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?

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Appeals Court Upholds Default Judgment Sanctions for Defendant’s Multiple Discovery Violations: eDiscovery Case Law
 Appeals Court Upholds Default Judgment Sanctions for Defendant’s Multiple Discovery Violations: eDiscovery Case Law 150 150 CloudNine

In Long Bay Management Co., Inc. et. al. v. HAESE, LLC et. al., the Appeals Court of Massachusetts found that the default judge had not abused her discretion in ordering sanctions and assessing damages and ordered that the plaintiffs could submit a petition for appellate attorneys’ fees incurred in responding to the appeal.

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Court Denies Plaintiff’s Motion to Compel the Defendant to Assist with Access to its Data: eDiscovery Case Law
 Court Denies Plaintiff’s Motion to Compel the Defendant to Assist with Access to its Data: eDiscovery Case Law 150 150 CloudNine

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.

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Interview with Pete Feinberg of Consilio Regarding the Huron Legal Acquisition: eDiscovery Trends
 Interview with Pete Feinberg of Consilio Regarding the Huron Legal Acquisition: eDiscovery Trends 150 150 CloudNine

Consolidation within the eDiscovery industry continues. Last week, Consilio announced a “definitive agreement” to acquire the Huron Legal Practice of Huron Consulting Group – their third acquisition in the past four months. Yesterday, I interviewed Pete Feinberg, Senior Vice President, Products & Marketing at Consilio about the Huron Legal acquisition.

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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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