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 Ongoing Battle Over How ESI is Produced: eDiscovery Trends
 The Ongoing Battle Over How ESI is Produced: eDiscovery Trends 512 383 CloudNine

Legal disputes in the civil arena typically succeed or fail these days as a result of the practice of eDiscovery. FRCP Rule 26(f), which provides for a conference of the parties and planning for discovery. This conference was designed to speed up the discovery process but more and more it has become bogged down with disputes over one particular section in that rule, (3)(C), which states that the plan shall contain “any issues about disclosure, discovery, or preservation of electronically stored information, including the form or forms in which it should be produced;”. In this series, we will take a look at the battles that parties have over forms of production.

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Court Grants Plaintiff’s Motion to Compel Discovery in Loan Dispute: eDiscovery Case Law
 Court Grants Plaintiff’s Motion to Compel Discovery in Loan Dispute: eDiscovery Case Law 479 270 CloudNine

In Grande v. U.S. Bank Nat’l Ass’n, Washington District Judge Marsha J. Pechman granted the plaintiffs’ motion to compel discovery, finding the policies requested were “relevant under the broad civil discovery standard” and that the defendants “ha[d] not demonstrated that the policies are confidential, proprietary, or trade secrets”. Judge Pechman also granted the plaintiffs’ request for attorney’s fees in bringing the motion.

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Two Out of Three Companies Haven’t Reviewed Their Breach Preparedness Plans: Cybersecurity Trends
 Two Out of Three Companies Haven’t Reviewed Their Breach Preparedness Plans: Cybersecurity Trends 436 281 CloudNine

The singer Meat Loaf (real name Marvin Lee Aday) had a song once called Two Out of Three Ain’t Bad. Well, in this case, it is. According to a new study, many companies haven’t updated their data breach plans since developing them, report a lack of adequate employee training on data protection, and still haven’t figured out how to guard cloud services and mobile devices.

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EDRM Announces Five New Projects: eDiscovery Best Practices
 EDRM Announces Five New Projects: eDiscovery Best Practices 255 76 CloudNine

Did anybody doubt that EDRM under the leadership of Mary Mack and Kaylee Walstad was going to be doing BIG things? If you did doubt it, here’s an announcement that signals that EDRM will be busy creating and improving frameworks, resources and standards within the eDiscovery community.

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Top Ten Tips for Working with eDiscovery: eDiscovery Best Practices
 Top Ten Tips for Working with eDiscovery: eDiscovery Best Practices 337 341 CloudNine

I stumbled across a post in our blog that Tom O’Connor did over a year ago to conclude his series titled Will Lawyers Ever Embrace Technology? As usual, Tom did a great job and, in this post, he offered his top ten tips for working with eDiscovery. Tom provided a top ten list terrific enough to make David Letterman proud, but I thought the list could use some additions – in the form of links to resources for the items. Here goes!

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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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