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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Tom Gelbmann of Gelbmann & Associates, LLC – eDiscovery Trends
 Tom Gelbmann of Gelbmann & Associates, LLC – eDiscovery Trends 150 150 CloudNine

Today’s thought leader is Tom Gelbmann. Tom is Principal of Gelbmann & Associates, LLC. Since 1993, Gelbmann & Associates, LLC, is a consulting practice serving the legal services industry. Tom has an extensive record of working with law firms, corporate counsel and legal services providers as a consultant, advisor, project manager, and has also held the CIO position at two major law firms. Tom has also been co-author of the leading survey on the electronic discovery market, The Socha-Gelbmann Electronic Discovery Survey; in 2011 he and George Socha converted the Survey into Apersee, an online system for selecting eDiscovery providers and their offerings. In 2005, he and George Socha launched the Electronic Discovery Reference Model project to establish standards within the eDiscovery industry – today, the EDRM model has become a standard in the industry for the eDiscovery life cycle.

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Houston, Hello! The Sedona Conference is Coming! – eDiscovery Trends
 Houston, Hello! The Sedona Conference is Coming! – eDiscovery Trends 150 150 CloudNine

If you’re in my hometown of Houston and want to learn more about eDiscovery from a well-respected panel of judges and eDiscovery experts, you have an excellent opportunity next month to do so at The 8th Annual Sedona Conference® Institute Program on eDiscovery in a New Era: New Technologies, New Media, New Rules.

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Brad Jenkins of CloudNine Discovery – eDiscovery Trends
 Brad Jenkins of CloudNine Discovery – eDiscovery Trends 150 150 CloudNine

Today’s thought leader is Brad Jenkins of CloudNine Discovery. Brad has over 20 years of experience as an entrepreneur, as well as 15 years leading customer focused companies in the litigation support arena. Brad also writes the Litigation Support Industry Blog, which covers news about litigation support and eDiscovery companies’ funding activities, acquisitions & mergers and notable business successes. He has authored several articles on document management and litigation support issues, and has appeared as a speaker before national audiences on document management practices and solutions. He’s also my boss!

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Dispute over Production Format and Search Terms for Electronic Discovery Highlights the Need for Cooperation – eDiscovery Case Law
 Dispute over Production Format and Search Terms for Electronic Discovery Highlights the Need for Cooperation – eDiscovery Case Law 150 150 CloudNine

In Saliga v. Chemtura Corp., a discrimination case heard by Connecticut Magistrate Judge Donna F. Martinez, the plaintiff and the defendants had spent a year arguing over the format of production for Electronically Stored Information (ESI) to be used in discovery, as well as relevant search terms, before the plaintiff filed a motion to compel.

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Bad Faith Violations in Discovery Lead to Sanctions for Defendant – eDiscovery Case Law
 Bad Faith Violations in Discovery Lead to Sanctions for Defendant – eDiscovery Case Law 150 150 CloudNine

Regarding the case In re Pradaxa (Dabigatran Etexilate) Products Liability Litigation, the defendants’ repeated failure to preserve and produce documents during discovery was found to be in bad faith. The defendants were ordered to produce the documents, or to explain why they couldn’t be produced, and to pay a hefty fine plus the plaintiff’s costs and fees for pursuing discovery motions. The order left room for additional future sanctions, should the bad faith behavior continue.

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Announcing Fourth Annual LTNY Thought Leader Series! – eDiscovery Trends
 Announcing Fourth Annual LTNY Thought Leader Series! – eDiscovery Trends 150 150 CloudNine

Bad weather, travel cancellations and stolen laptops could not keep us from keeping the tradition alive. It’s time for another thought leader interview series! In our efforts to continue to bring our readers perspectives from various thought leaders throughout the eDiscovery community, eDiscoveryDaily has published several thought leader interviews over the nearly 3 1/2 years of our existence. We’re pleased to introduce the schedule for the series, which will begin next Monday, February 24.

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EDRM Updates Privacy & Security Risk Reduction Model – eDiscovery Best Practices
 EDRM Updates Privacy & Security Risk Reduction Model – eDiscovery Best Practices 150 150 CloudNine

As they announced last week, the Electronic Discovery Reference Model (EDRM) announced the reintroduction and refinement of its Privacy & Security Risk Reduction Model (PSRRM). Initially introduced last September by EDRM’s Data Set group (and covered on this blog here), the model provides a process for reducing the volume of private, protected and risky data by using a series of steps applied in sequence as part of the information management, identification, preservation and collection phases of the Electronic Discovery Reference Model.

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Effective Information Governance Takes Initiative – eDiscovery Best Practices
 Effective Information Governance Takes Initiative – eDiscovery Best Practices 150 150 CloudNine

One of the best side-benefits I get from conducting thought leader interviews for the blog is that I get to learn about new programs in the industry that promote best practices. I learned about one such new program in my thought leader interview with Jason R. Baron, Of Counsel with Drinker Biddle & Reath LLP and former long-time Director of Litigation for the U.S. National Archives and Records Administration (NARA). Through my interview with Jason, I learned that the Information Governance Initiative (IGI), a cross-disciplinary consortium and think tank focused on advancing information governance, launched last week.

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Search Process for ESI Called into Question, but Court Denies Sanctions for Plaintiff – eDiscovery Case Law
 Search Process for ESI Called into Question, but Court Denies Sanctions for Plaintiff – eDiscovery Case Law 150 150 CloudNine

In Brown v. West Corp., the plaintiff filed a motion to compel, claiming the defendant had been insufficient in its handling of searching for Electronically Stored Information (ESI) relevant to discovery. The plaintiff additionally contested a prior order from a magistrate judge, requiring the defendant to explain its search processes to the defendant. Ultimately, Nebraska Senior District Judge Lyle E. Strom denied the requested sanctions and rejected the challenge to the prior order.

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Useful eDiscovery Information Resources: Evaluating Products and Services
 Useful eDiscovery Information Resources: Evaluating Products and Services 150 150 CloudNine

This blog series – Useful eDiscovery Information Resources – is aimed at giving you information on resources available to eDiscovery professionals. Today, we will discuss resources for evaluating products and services.

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