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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eDiscovery Has Gone to the Dogs: eDiscovery Trends
 eDiscovery Has Gone to the Dogs: eDiscovery Trends 150 150 CloudNine

If I had known that yesterday was National Dog Day, I would have posted this then, instead of today, but it’s a great story any day. As reported by ABA Journal, Discover Magazine and NBC News, there is a new type of forensic collection device being used in criminal forensic investigations. His name is Bear and he’s a black Labrador.

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If You Play “Tag” Too Often, You Might Find Yourself Playing “Hide and Seek”: eDiscovery Best Practices
 If You Play “Tag” Too Often, You Might Find Yourself Playing “Hide and Seek”: eDiscovery Best Practices 150 150 CloudNine

If you’ve used any review tool, you’re familiar with the “tag” field to classify documents. Whether classifying documents as responsive, non-responsive, privileged, or applicable to any of a number of issues, you’ve probably used a tag field to simply check a document to indicate that the associated characteristic of the document is “true”. But, if you fall in love with the tag field too much, your database can become unmanageable and you may find yourself playing “hide and seek” to try to find the desired tag.

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Got Problems with Your eDiscovery Processes? “SWOT” Them Away: eDiscovery Best Practices
 Got Problems with Your eDiscovery Processes? “SWOT” Them Away: eDiscovery Best Practices 150 150 CloudNine

Understanding the internal and external challenges that your organization faces allows it to approach ongoing and future discovery more strategically. A “SWOT” analysis is a tool that can be used to develop that understanding.

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Court Acknowledges Lack of Expertise to Recommend Search Methodology, Orders Parties to Confer: eDiscovery Case Law
 Court Acknowledges Lack of Expertise to Recommend Search Methodology, Orders Parties to Confer: eDiscovery Case Law 150 150 CloudNine

In ACI Worldwide Corp. v. MasterCard Technologies, LLC and MasterCard International, Inc., Nebraska Magistrate Judge F.A. Gossett, acknowledging that the Court “simply does not have the expertise necessary to determine the best methodology to be employed in retrieving the requested materials in a safe, non-obtrusive, and cost-effective manner”, ordered the parties to “once again” confer in an effort to reach an agreement regarding the search methodology to be employed by the defendants in retrieving the information requested by the plaintiff.

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Government Attorneys Are More Confident about eDiscovery But Feel Less Prepared to Discuss It: eDiscovery Trends
 Government Attorneys Are More Confident about eDiscovery But Feel Less Prepared to Discuss It: eDiscovery Trends 150 150 CloudNine

In April 2014, we covered the seventh annual benchmarking study of eDiscovery Practices for Government Agencies conducted by Deloitte and covered the eighth annual study last December. Apparently, Deloitte operates on an eight month year – their Ninth Annual Benchmarking Study of Electronic Discovery Practices for Government Agencies is available now.

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August Case Law Pop Quiz Answers!: eDiscovery Case Law
 August Case Law Pop Quiz Answers!: eDiscovery Case Law 150 150 CloudNine

Yesterday, we gave you a pop quiz for the eDiscovery case law that we’ve covered recently. If you’re reading the blog each day, these questions should be easy! Let’s see how you did. Here are the answers.

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August Case Law Pop Quiz!: eDiscovery Case Law
 August Case Law Pop Quiz!: eDiscovery Case Law 150 150 CloudNine

Here’s an opportunity to give you a chance to catch up on cases we’ve covered recently with a case law pop quiz! If you’re reading the blog each day, these questions should be easy! If not, we’ve provided a link to the post with the answer. We’re that nice. Test your knowledge! Tomorrow, we’ll post the answers to this pop quiz for those who don’t know and didn’t look them up.

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Want to Avoid eDiscovery “Gotchas”? Attend this Session at ILTA: eDiscovery Best Practices
 Want to Avoid eDiscovery “Gotchas”? Attend this Session at ILTA: eDiscovery Best Practices 150 150 CloudNine

There is less than two weeks left before ILTACON 2015, the annual conference for the International Legal Technology Association (ILTA) at Caesars Palace in Las Vegas. eDiscovery Daily will be at the show and providing coverage before, during and after the show. If you’re attending (or thinking of attending), here is one session that you should put on your list to check out.

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Court Orders Plaintiff to Re-Review 95% of its Production Classified as “Highly Confidential”: eDiscovery Case Law
 Court Orders Plaintiff to Re-Review 95% of its Production Classified as “Highly Confidential”: eDiscovery Case Law 150 150 CloudNine

In Procaps S.A. v. Patheon Inc., after the plaintiff designated 95% of its forensically-produced documents (141,525 of 148,636) as “highly confidential”, Florida District Judge Jonathan Goodman ordered the plaintiff to re-review and re-designate those documents within ten days, and also assessed a $25,000 fees award against the plaintiff’s outside counsel to compensate the defendant for its efforts in reviewing the documents.

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Court Has a “Beef” with Plaintiff’s Proportionality Argument: eDiscovery Case Law
 Court Has a “Beef” with Plaintiff’s Proportionality Argument: eDiscovery Case Law 150 150 CloudNine

In Cargill Meat Solutions Corp. v. Premium Beef Feeders, LLC, Kansas Magistrate Judge Teresa J. James granted the defendants’ motion to compel production of documents, overruling the plaintiffs’ objections to the discovery request in finding that “Plaintiff has not satisfied its burden to show that producing the requested documents would be unduly burdensome”.

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