Our Insights on eDiscovery

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

November 3, 2015

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.

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

November 2, 2015

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.

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

October 30, 2015

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?

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

October 29, 2015

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

Here are Some Questions You Might Not Think to Ask Your Technology Provider: eDiscovery Best Practices

October 28, 2015

I love Rob Robinson’s Complex Discovery site. Whether it’s information on eDiscovery provider mergers and acquisitions, a software and services mashup of the eDiscovery market, or links to many other useful resources, his is a site I check out pretty much daily. His latest post discusses some questions that you might not think to ask your technology provider, because they might be “uncomfortable”.

Court Orders Defendant to Supplement Data Used for Statistical Sampling: eDiscovery Case Law

October 27, 2015

In United States ex rel Guardiola v. Renown Health, Nevada Magistrate Judge Valerie P. Cooke agreed with the relator’s contention that the data used to finalize the relator’s proposed statistical sampling plan was incomplete due to how data was identified within one of two billing systems used by the defendant. As a result, she ordered the defendant to “EXPEDITIOUSLY PRODUCE” the additional data (and, yes, she used all caps).

One in Three Companies Lacks an Information Security Policy, According to New Study: eDiscovery Trends

October 26, 2015

According to a new cybersecurity study, despite improvement in several areas, one in three companies still lacks policies for information security, data encryption and data classification.

Privilege Log Identifies Additional Documents to be Produced by Defendant: eDiscovery Case Law

October 23, 2015

In U.S. Securities and Exchange Commission v. Commonwealth Advisors, Inc. et al., Louisiana Magistrate Judge Stephen C. Riedlinger ordered the defendants to produce additional documents that were identified on the defendants’ privilege log, but for which the defendants had waived attorney-client privilege.

New Survey of Corporate Counsel Finds Little Improvement in eDiscovery Capabilities Over the Last Year: eDiscovery Trends

October 22, 2015

According to the second annual Inside E-Discovery Survey by BDO Consulting, corporate organizations have made relatively little improvement in their eDiscovery technology capabilities over the past year, with the middle market falling the furthest behind.

Organize Your Collection by Message Thread to Save Costs During Review: eDiscovery Best Practices

October 21, 2015

Not only is insanity doing the same thing over and over again and expecting a different result, but in eDiscovery review, it can be even worse when you do get a different result.