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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The Sedona Conference Has an Updated Glossary (Again): eDiscovery Best Practices
 The Sedona Conference Has an Updated Glossary (Again): eDiscovery Best Practices 428 600 CloudNine

Just when I need a topic for a Monday, The Sedona Conference® (TSC) delivers! Last Friday, TSC and its Technology Resource Panel announced the publication of The Sedona Conference Glossary, eDiscovery & Digital Information Management, Fifth Edition.

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Whee! Here’s the First Salary Survey from Women in eDiscovery!: eDiscovery Trends
 Whee! Here’s the First Salary Survey from Women in eDiscovery!: eDiscovery Trends 403 291 CloudNine

Earlier this week, Women in eDiscovery (WiE) announced the results of its first ever salary survey! Let’s take a look.

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Plaintiff Tells Defendant “File Motion to Compel”, Defendant Does and Wins: eDiscovery Case Law
 Plaintiff Tells Defendant “File Motion to Compel”, Defendant Does and Wins: eDiscovery Case Law 479 270 CloudNine

In White v. Relay Res. & Gen. Servs. Admin., Washington District Judge John C. Coughenour granted the defendant’s motion to compel, requiring the plaintiff to provide documents responsive to the defendant’s requests for production, provide the information requested in each interrogatory and provide initial disclosures and that “[f]ailing to provide this information may result in sanctions under Rule 37, including dismissal of the matter.”

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Here’s a Terrific Listing of eDiscovery Workstream Processes and Tasks: eDiscovery Best Practices
 Here’s a Terrific Listing of eDiscovery Workstream Processes and Tasks: eDiscovery Best Practices 346 351 CloudNine

Let’s face it – workflows and workstreams in eDiscovery are as varied as organizations that conduct eDiscovery itself. Every organization seems to do it a little bit differently, with a different combination of tasks, methodologies and software solutions than anyone else. But, could a lot of organizations improve their eDiscovery workstreams? Sure. Here’s a resource (that you probably already know well) which could help them do just that.

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FBI Says Half of $3.5 Billion Cyber Losses in 2019 Were Due to Business Email Scams: Cybersecurity Trends
 FBI Says Half of $3.5 Billion Cyber Losses in 2019 Were Due to Business Email Scams: Cybersecurity Trends 551 411 CloudNine

The FBI’s Internet Crime Complaint Center (IC3) reported that it received over 460,000 internet and cyber-crime complaints in 2019, which the agency estimates caused losses of more than $3.5 billion, the bureau wrote in its yearly internet crime report released earlier this month. And, about half of that is due to BEC (Business Email Compromise), aka EAC (Email Account Compromise) crimes, which are sophisticated scams targeting businesses and individuals performing wire transfer payments.

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Is Your Ability to Stay Current with eDiscovery in “Jeopardy”? Check Out This Conference: eDiscovery Best Practices
 Is Your Ability to Stay Current with eDiscovery in “Jeopardy”? Check Out This Conference: eDiscovery Best Practices 183 185 CloudNine

I mentioned it a few weeks ago, but (believe it or not) we’re now only about 3 1/2 weeks away from the eighth year for the University of Florida E-Discovery Conference. And, as usual, the panel of speakers is an absolute who’s who in eDiscovery.

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Mobile Collection: It’s Not Just for iPhones Anymore, Part Four
 Mobile Collection: It’s Not Just for iPhones Anymore, Part Four 222 424 CloudNine

Android phones are market leaders both here in the US and worldwide and offer corporate archiving solutions that are second to none. So, why is that important? Let’s take a look.

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Court Rules on Status of “Functional Employee, Declines Sanctions as Premature: eDiscovery Case Law
 Court Rules on Status of “Functional Employee, Declines Sanctions as Premature: eDiscovery Case Law 479 270 CloudNine

In Digital Mentor, Inc. v. Ovivo USA, LLC, Washington District Judge Richard A. Jones granted in part and denied in part the defendant’s motion to compel, ruling that the plaintiff had not shown that a consultant to the plaintiff met the criterion of being considered a “functional employee” for which all communications with the plaintiff could be considered privileged, but denying the defendant’s request for preclusion sanctions, determining those to be “premature”.

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Mobile Collection: It’s Not Just for iPhones Anymore, Part Three
 Mobile Collection: It’s Not Just for iPhones Anymore, Part Three 222 424 CloudNine

How important are Android devices in the world today? And, what can you do to preserve them? Let’s take a look.

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Special Master Declines to Order Defendant to Use TAR, Rules on Other Search Protocol Disputes: eDiscovery Case Law
 Special Master Declines to Order Defendant to Use TAR, Rules on Other Search Protocol Disputes: eDiscovery Case Law 479 270 CloudNine

In the case In re Mercedes-Benz Emissions Litig., Special Master Dennis Cavanaugh (U.S.D.J., Ret.) issued an order and opinion stating that he would not compel defendants to use technology assisted review (TAR), and instead adopted the search term protocol negotiated by the parties, with three areas of dispute resolved by his ruling.

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