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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I Tell Ya, Information Governance Gets No Respect – eDiscovery Trends
 I Tell Ya, Information Governance Gets No Respect – eDiscovery Trends 150 150 CloudNine

As reported by Sean Doherty in Law Technology News (New Research Reveals Information Governance Gets No Respect), a new report from 451 Research has indicated that “although lawyers are bullish about the prospects of information governance to reduce litigation risks, executives, and staff of small and midsize businesses, are bearish and ‘may not be placing a high priority’ on the legal and regulatory needs for litigation or government investigation.”

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Defendants Sanctioned, Sort Of, for Failure to Preserve Text Messages – eDiscovery Case Law
 Defendants Sanctioned, Sort Of, for Failure to Preserve Text Messages – eDiscovery Case Law 150 150 CloudNine

In Christou v. Beatport, LLC, Colorado District Judge R. Brooke Jackson ruled that the plaintiffs could introduce evidence at trial to show the defendants failure to preserve text messages after the key defendant’s iPhone was lost. However, the judge also ruled that the defendants could present “evidence in explanation…and argue that no adverse inference should be drawn”.

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Four More Tips to Quash the Cost of eDiscovery – eDiscovery Best Practices
 Four More Tips to Quash the Cost of eDiscovery – eDiscovery Best Practices 150 150 CloudNine

Thursday, we covered the first four tips from Craig Ball’s informative post on his blog (Ball in your Court) entitled Eight Tips to Quash the Cost of E-Discovery with tips on saving eDiscovery costs. Today, we’ll discuss the last four tips.

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Eight Tips to Quash the Cost of eDiscovery – eDiscovery Best Practices
 Eight Tips to Quash the Cost of eDiscovery – eDiscovery Best Practices 150 150 CloudNine

By now, Craig Ball needs no introduction our readers as he has been a thought leader interview participant for the past three years. I’m a regular reader of his blog, Ball in your Court and, last week, he published a very informative post entitled Eight Tips to Quash the Cost of E-Discovery with tips on saving eDiscovery costs. I thought we would cover those tips here, with some commentary.

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Adam Losey of IT-Lex.org – eDiscovery Trends, Part 2
 Adam Losey of IT-Lex.org – eDiscovery Trends, Part 2 150 150 CloudNine

During our recently concluded thought leader interview series, I had intended to line up at least one more interview – with Adam Losey, president and editor-in-chief of IT-Lex.org, a technology law not-for-profit educational and literary organization and an attorney at Foley & Lardner LLP. Adam also served as an adjunct professor at Columbia University, where he taught electronic discovery as part of Columbia’s Information and Digital Resource Management Master’s Program. Under the idea of “better late than never”, I was finally able to speak to Adam and get his thoughts on various eDiscovery topics. Enjoy! 🙂

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Adam Losey of IT-Lex.org – eDiscovery Trends, Part 1
 Adam Losey of IT-Lex.org – eDiscovery Trends, Part 1 150 150 CloudNine

During our recently concluded thought leader interview series, I had intended to line up at least one more interview – with Adam Losey, president and editor-in-chief of IT-Lex.org, a technology law not-for-profit educational and literary organization and an attorney at Foley & Lardner LLP. Adam also served as an adjunct professor at Columbia University, where he taught electronic discovery as part of Columbia’s Information and Digital Resource Management Master’s Program. Under the idea of “better late than never”, I was finally able to speak to Adam and get his thoughts on various eDiscovery topics. Enjoy! 🙂

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Fulbright’s Litigation Trends Survey Shows Increased Litigation, Mobile Device Collection – eDiscovery Trends
 Fulbright’s Litigation Trends Survey Shows Increased Litigation, Mobile Device Collection – eDiscovery Trends 150 150 CloudNine

According to Fulbright’s 9th Annual Litigation Trends Survey released last month, companies in the United States and United Kingdom continue to deal with, and spend more on litigation. From an eDiscovery standpoint, the survey showed an increase in requirements to preserve and collect data from employee mobile devices, a high reliance on self-preservation to fulfill preservation obligations and a decent percentage of organizations using technology assisted review.

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eDiscovery Daily Is Thirty! (Months Old, That Is)
 eDiscovery Daily Is Thirty! (Months Old, That Is) 150 150 CloudNine

Thirty months ago yesterday, eDiscovery Daily was launched. It’s hard to believe that it has been 2 1/2 years since our first three posts that debuted on our first day. 635 posts later, a lot has happened in the industry that we’ve covered. And, yes we’re still crazy after all these years for committing to a daily post each business day, but we still haven’t missed a business day yet. 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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Outlook Emails Can Take Many Forms – eDiscovery Best Practices
 Outlook Emails Can Take Many Forms – eDiscovery Best Practices 150 150 CloudNine

Most discovery requests include a request for emails of parties involved in the case. Email data is often the best resource for establishing a timeline of communications in the case and Microsoft® Outlook is the most common email program used in business today. Outlook emails can be stored in several different forms, so it’s important to be able to account for each file format when collecting emails that may be responsive to the discovery request.

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JP Morgan Chase Sanctioned for a Failure to Preserve Skill Codes – eDiscovery Case Law
 JP Morgan Chase Sanctioned for a Failure to Preserve Skill Codes – eDiscovery Case Law 150 150 CloudNine

In EEOC v. JP Morgan Chase Bank, District Judge Gregory L. Frost granted the EEOC’s motion for sanctions for spoliation of data, entitling the plaintiff to “a permissive adverse jury instruction related to the spoliation if this litigation proceeds to a jury trial”, and denied the defendant’s motion for summary judgment.

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