Our Insights on eDiscovery

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After 2,354 Public Comments, One Major Change to the Proposed Federal Rules – eDiscovery Trends
 After 2,354 Public Comments, One Major Change to the Proposed Federal Rules – eDiscovery Trends 150 150 CloudNine

During our recently concluded thought leader interview series, we asked each of the interviewees their thoughts about the proposed eDiscovery rules amendments to the Federal Rules of Civil Procedure (FRCP) that were published last August for public comment. And, of course, they had plenty to say. The majority of their comments related to the proposed amendment to Rule 37(e) which was intended to create a uniform national standard regarding the level of culpability required to justify severe sanctions for spoliation. Now, it looks like the numerous public comments that were filed have resulted in a change to the rule.

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eDiscovery Daily Is Forty Two!
 eDiscovery Daily Is Forty Two! 150 150 CloudNine

Months old, that is. Hey, that’s 24 1/2 in dog years! It slipped up on us! Forty two months ago last week, eDiscovery Daily was launched. It’s hard to believe that it has been 3 1/2 years since our first three posts that debuted on our first day. Twice a year, we like to take a look back at some of the important stories and topics during that time. So, here are just a few of the posts over the last six months you may have missed. Enjoy!

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Clawback Rights Upheld and Plaintiff Sanctioned for Refusal to Comply Concerning Inadvertently Produced Privileged Documents – eDiscovery Case Law
 Clawback Rights Upheld and Plaintiff Sanctioned for Refusal to Comply Concerning Inadvertently Produced Privileged Documents – eDiscovery Case Law 150 150 CloudNine

In RIPL Corp. v. Google Inc., seven discovery-related motions were heard concerning this trademark infringement action. The various motions to seal, compel, enforce, and sanction were filed after the parties had entered into a stipulated protective order. Washington District Judge Ricardo S. Martinez granted in part, denied in part, and deferred in part the various motions.

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Electronic Discovery Dispute Sees Court Requesting Cooperation from Both Parties to Avoid “Court-Ordered Middle Ground” – eDiscovery Case Law
 Electronic Discovery Dispute Sees Court Requesting Cooperation from Both Parties to Avoid “Court-Ordered Middle Ground” – eDiscovery Case Law 150 150 CloudNine

In Fort Worth Employees’ Retirement Fund v. J.P. Morgan Chase & Co., a complex discovery dispute arose during the process of this securities action lawsuit revolving around the defendants’ loan products and offerings with regards to a specific consumer class, in which the plaintiffs filed a motion to compel an expanded discovery.

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Craig Ball of Craig D. Ball, P.C. – eDiscovery Trends, Part 2
 Craig Ball of Craig D. Ball, P.C. – eDiscovery Trends, Part 2 150 150 CloudNine

Today’s thought leader is Craig Ball. A frequent court appointed special master in electronic evidence, Craig is a prolific contributor to continuing legal and professional education programs throughout the United States, having delivered over 1,500 presentations and papers. Craig’s articles on forensic technology and electronic discovery frequently appear in the national media, and just ended nine years writing a monthly column on computer forensics and eDiscovery for Law Technology News called Ball in your Court. He currently blogs on those topics at ballinyourcourt.com.

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Craig Ball of Craig D. Ball, P.C. – eDiscovery Trends, Part 1
 Craig Ball of Craig D. Ball, P.C. – eDiscovery Trends, Part 1 150 150 CloudNine

Today’s thought leader is Craig Ball. A frequent court appointed special master in electronic evidence, Craig is a prolific contributor to continuing legal and professional education programs throughout the United States, having delivered over 1,500 presentations and papers. Craig’s articles on forensic technology and electronic discovery frequently appear in the national media, and just ended nine years writing a monthly column on computer forensics and eDiscovery for Law Technology News called Ball in your Court. He currently blogs on those topics at ballinyourcourt.com.

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eDiscovery Professional Profile: Do You Know Duane Lites?
 eDiscovery Professional Profile: Do You Know Duane Lites? 150 150 CloudNine

This blog is the first in a series aimed at helping you to get to know your peers better. Each week I’ll give you career highlights of a law firm or corporate law department eDiscovery professional. Today’s profile is on Duane Lites – an eDiscovery and Litigation Support veteran.

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Planning for the Unexpected: Changing eDiscovery Providers on Short Notice – eDiscovery Best Practices
 Planning for the Unexpected: Changing eDiscovery Providers on Short Notice – eDiscovery Best Practices 150 150 CloudNine

About a month after assuming my role as head of eDiscovery for one of the world’s largest biopharmaceutical companies, I was suddenly forced to change eDiscovery vendors. The experience forcefully taught me the importance of carefully choosing an eDiscovery vendor. Here are some lessons I learned from the experience.

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Ralph Losey of Jackson Lewis, LLP – eDiscovery Trends
 Ralph Losey of Jackson Lewis, LLP – eDiscovery Trends 150 150 CloudNine

Today’s thought leader is Ralph Losey. Ralph is an attorney in private practice with the law firm of Jackson Lewis, LLP, where he is a Shareholder and the firm’s National e-Discovery Counsel. Ralph is also a prolific author of eDiscovery books and articles, the principal author and publisher of the popular e-Discovery Team® Blog, founder and owner of an online training program, e-Discovery Team Training, with attorney and technical students all over the world, founder of the new Electronic Discovery Best Practices (EDBP) lawyer-centric work flow model. Ralph is also the publisher of LegalSearchScience.com and PreSuit.com on predictive coding methods and applications.

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Tom O’Connor of Gulf Coast Legal Technology Center – eDiscovery Trends
 Tom O’Connor of Gulf Coast Legal Technology Center – eDiscovery Trends 150 150 CloudNine

Today’s thought leader is Tom O’Connor. Tom is a nationally known consultant, speaker and writer in the area of computerized litigation support systems. A frequent lecturer on the subject of legal technology, Tom has been on the faculty of numerous national CLE providers and has taught college level courses on legal technology. Tom’s involvement with large cases led him to become familiar with dozens of various software applications for litigation support and he has both designed databases and trained legal staffs in their use on many of the cases mentioned above. This work has involved both public and private law firms of all sizes across the nation. Tom is the Director of the Gulf Coast Legal Technology Center in New Orleans.

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