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
$2.9 Billion? Gartner Predicts eDiscovery Software Market to Double by 2017 – eDiscovery Trends
 $2.9 Billion? Gartner Predicts eDiscovery Software Market to Double by 2017 – eDiscovery Trends 150 150 CloudNine

As reported by Evan Koblentz in Law Technology News, electronic data discovery software sales reached $1.4 billion worldwide in 2012 and will reach $2.9 billion by 2017 according to Gartner Inc. Their latest forecast for the eDiscovery industry is discussed in Forecast: Enterprise E-Discovery Software, Worldwide, 2012-2017.

read more
Defendant Had Duty to Preserve Despite No Physical Possession of Documents – eDiscovery Case Law
 Defendant Had Duty to Preserve Despite No Physical Possession of Documents – eDiscovery Case Law 150 150 CloudNine

In Haskins v. First American Title Insurance Co., a court found that an insurance company had a duty to issue a litigation hold to its independent title agents because litigation was reasonably foreseeable and the duty to preserve extends to third parties, as long as the documents are “within a party’s possession, custody, or control.” Although it did not have physical possession, the insurance company controlled the agents’ documents because it had “‘the legal right or ability to obtain the documents from [the agents] upon demand.’”

read more
Sanctions for Violating Motion to Compel Production? Not Yet. – eDiscovery Case Law
 Sanctions for Violating Motion to Compel Production? Not Yet. – eDiscovery Case Law 150 150 CloudNine

In Fidelity National Title Insurance Co. v. Captiva Lake Investments, LLC, where a party’s “conduct [did not] rise[ ] to the level of a willful violation of the order compelling production” because it was continually working toward the proper production of documents requested by its adversary, a court concluded that the adversary’s motion for sanctions was premature.

read more
Problems with Review? It’s Not the End of the World – eDiscovery Best Practices
 Problems with Review? It’s Not the End of the World – eDiscovery Best Practices 150 150 CloudNine

If 2012 will be remembered for anything from an eDiscovery standpoint, it will be remembered for the arrival of Technology Assisted Review (TAR), aka Computer Assisted Review (CAR), as a court accepted method for conducting eDiscovery review. Many associate TAR with predictive coding, but that’s not the only form of TAR to assist with review. How the documents are organized for review can make a big difference in the efficiency of review, not only saving costs, but also improving accuracy by assigning similar documents to the same reviewer.

read more
Class Action Plaintiffs Required to Provide Social Media Passwords and Cell Phones – eDiscovery Case Law
 Class Action Plaintiffs Required to Provide Social Media Passwords and Cell Phones – eDiscovery Case Law 150 150 CloudNine

Considering proportionality and accessibility concerns in EEOC v. Original Honeybaked Ham Co. of Georgia, Colorado Magistrate Judge Michael Hegarty held that where a party had showed certain of its adversaries’ social media content and text messages were relevant, the adversaries must produce usernames and passwords for their social media accounts, usernames and passwords for e-mail accounts and blogs, and cell phones used to send or receive text messages to be examined by a forensic expert as a special master in camera.

read more
According to IDC, Big Data is Only Getting Bigger – eDiscovery Trends
 According to IDC, Big Data is Only Getting Bigger – eDiscovery Trends 150 150 CloudNine

According to the International Data Corporation (IDC), big data is only getting bigger. In the publication IDC iView “Big Data, Bigger Digital Shadows, and Biggest Growth in the Far East,” (sponsored by EMC), the “digital universe” is growing even faster than we thought.

read more
Trend Has Shifted Against Reimbursement of eDiscovery Costs – eDiscovery Case Law
 Trend Has Shifted Against Reimbursement of eDiscovery Costs – eDiscovery Case Law 150 150 CloudNine

Last year, the trend seemed to be to award the prevailing party reimbursement of eDiscovery costs. Now, that trend appears to have been reversed with those requests being denied (or reversed) by the courts. Now, here is another case where reimbursement of eDiscovery costs was denied.

read more
Baby, You Can Drive My CARRM – eDiscovery Trends
 Baby, You Can Drive My CARRM – eDiscovery Trends 150 150 CloudNine

There have been a number of terms applied to using technology to aid in eDiscovery review, including technology assisted review (often referred to by its acronym “TAR”) and predictive coding. Another term is Computer Assisted Review (which lends itself to the obvious acronym of “CAR”).
Now, the Electronic Discovery Reference Model (EDRM) is looking to provide an “owner’s manual” to that CAR with its new draft Computer Assisted Review Reference Model (CARRM), which depicts the flow for a successful CAR project.

read more
How Are You Handling Defensible Deletion? – eDiscovery Best Practices
 How Are You Handling Defensible Deletion? – eDiscovery Best Practices 150 150 CloudNine

According to the Compliance, Governance and Oversight Council (CGOC), information volume doubles every 18-24 months and 90% of the data in the world has been created in the last two years. So, many organizations are drowning in electronically stored information (ESI) and costs associated with managing that ESI for eDiscovery are continuing to rise. An effective plan for information governance that includes defensible deletion of ESI is an effective way of keeping that ESI from overwhelming your organization. But, what percentage of organizations is defensibly deleting data? A new survey from eDJGroup is attempting to find out.

read more
Percentage of eDiscovery Sanctions Cases Declining – eDiscovery Trends
 Percentage of eDiscovery Sanctions Cases Declining – eDiscovery Trends 150 150 CloudNine

According to Kroll Ontrack, the percentage of eDiscovery cases addressing sanctions “dropped by approximately ten percent” compared to 2011, while “cases addressing procedural issues more than doubled”. Let’s take a closer look at the numbers and look at some cases in each category.

read more