Our Insights on eDiscovery

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

August 26, 2015

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.

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

August 25, 2015

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.

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

August 24, 2015

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.

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

August 21, 2015

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.

August Case Law Pop Quiz Answers!: eDiscovery Case Law

August 20, 2015

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.

August Case Law Pop Quiz!: eDiscovery Case Law

August 19, 2015

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.

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

August 18, 2015

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.

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

August 17, 2015

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.

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

August 14, 2015

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”.

Rules Amendments Are Not Just Being Approved WITHIN DC, But Also FOR DC As Well: eDiscovery Trends

August 13, 2015

We’ve been covering the progress of adoption of changes to the Federal Rules and the associated debate regarding the rules – especially Rule 37(e) – for over two years. Unless Congress introduces legislation to affect the timing or content of the rules, the rules will become effective on December 1 of this year. But, did you know that there are new rules amendments for the District of Columbia, as well?