Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.
Close
Enter your
text here
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.

read more
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.

read more
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”.

read more
Rules Amendments Are Not Just Being Approved WITHIN DC, But Also FOR DC As Well: eDiscovery Trends
 Rules Amendments Are Not Just Being Approved WITHIN DC, But Also FOR DC As Well: eDiscovery Trends 150 150 CloudNine

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?

read more
What’s Better than the Discovery Channel? The eDiscovery Channel!: eDiscovery Trends
 What’s Better than the Discovery Channel? The eDiscovery Channel!: eDiscovery Trends 150 150 CloudNine

If you’ve been a long time follower of this blog (or even not that long), you’re familiar with the thought leader interview series we conduct every year at LegalTech New York (LTNY). Now, you can listen to podcasts from a couple of eDiscovery thought leaders from the comfort of your own computer!

read more
Here are a Few Common Myths About Technology Assisted Review: eDiscovery Best Practices
 Here are a Few Common Myths About Technology Assisted Review: eDiscovery Best Practices 150 150 CloudNine

A couple of years ago, after my annual LegalTech New York interviews with various eDiscovery thought leaders, I wrote a post about some of the perceived myths that exist regarding Technology Assisted Review (TAR) and what it means to the review process. After a recent discussion with a client where their misperceptions regarding TAR were evident, it seemed appropriate to revisit this topic and debunk a few myths that others may believe as well.

read more
If You’re Going to Submit a 2,941 Page Privilege Log, You’d Better Be Able to Demonstrate Privilege: eDiscovery Case Law
 If You’re Going to Submit a 2,941 Page Privilege Log, You’d Better Be Able to Demonstrate Privilege: eDiscovery Case Law 150 150 CloudNine

In United States v. Louisiana, Louisiana Magistrate Judge Richard L. Bourgeois, Jr., after reviewing 40 documents provided by the defendant for in-camera review, granted the plaintiff’s Renewed Motion to Compel a Proper Privilege Log, after denying the original motion because the plaintiff only provided 13 examples of “insufficient descriptions” within the privilege log’s entries.

read more
Apparently, in Discovery, Delta is Not Ready When You Are and It Has Cost Them Millions: eDiscovery Case Law
 Apparently, in Discovery, Delta is Not Ready When You Are and It Has Cost Them Millions: eDiscovery Case Law 150 150 CloudNine

A few years ago, we covered a case law decision in the Delta/Air Tran Baggage Fee Antitrust Litigation, where Delta was ordered to pay plaintiff attorney’s fees and costs for eDiscovery issues in that litigation. Apparently, Delta’s difficulties in this case have continued, as they have been ordered this week to pay over $2.7 million in sanctions for failing to turn over ESI, to go along with more than $4.7 million in sanctions for earlier discovery violations.

read more
NIST Issues Draft Guide for “Securing Electronic Health Records on Mobile Devices”: eDiscovery Trends
 NIST Issues Draft Guide for “Securing Electronic Health Records on Mobile Devices”: eDiscovery Trends 150 150 CloudNine

As we’ve discussed previously, stolen health records are worth a lot in the black market and that was underscored when health insurance provider Anthem announced in early February that it had suffered what appears to be the largest breach ever in the health insurance industry, affecting about 80 million people. Now, the National Institute of Standards and Technology (NIST) has released a draft guide that might help, at least with regard to securing electronic health record on mobile devices.

read more
Keyword Searching Isn’t Dead, If It’s Done Correctly: eDiscovery Best Practices
 Keyword Searching Isn’t Dead, If It’s Done Correctly: eDiscovery Best Practices 150 150 CloudNine

In the latest post of the Advanced Discovery blog, Tom O’Connor (who is an industry thought leader and has been a thought leader interviewee on this blog several times) posed an interesting question: Is Keyword Searching Dead?

read more