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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eDiscovery Trends: Review Attorneys, Are You Smarter than a High Schooler?
 eDiscovery Trends: Review Attorneys, Are You Smarter than a High Schooler? 150 150 CloudNine

Review attorneys are taking a beating these days. There’s so much attention being focused on technology assisted review, with the latest study noting the cost-effectiveness of technology assisted review (when compared to manual review) having just been released this month. There is also the very detailed and well known white paper study written by Maura Grossman and Gordon Cormack (Technology-Assisted Review in E-Discovery can be More Effective and More Efficient that Exhaustive Manual Review) which notes not only the cost-effectiveness of technology assisted review but also that it was actually more accurate.

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eDiscovery Trends: Conduct Yourself Ethically with EDRM’s Model Code of Conduct
 eDiscovery Trends: Conduct Yourself Ethically with EDRM’s Model Code of Conduct 150 150 CloudNine

The Electronic Discovery Reference Model (EDRM) has made numerous contributions to the eDiscovery industry since it was founded in 2005, with the EDRM diagram (above) having become a universally accepted standard – rare in our industry – to reflect the eDiscovery life cycle. Last year, we noted the introduction of the EDRM Model Code of Conduct (MCoC), which focuses on the ethical duties of service providers associated with these five key principles and also provides a corollary for each principle to illustrate ethical duties of their clients. Now, your organization can subscribe to the MCoC to demonstrate its commitment to conducting itself in an ethical manner.

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eDiscovery Trends: Need to Catch Up on Trends Over the Last Six Weeks? Take a Time Capsule.
 eDiscovery Trends: Need to Catch Up on Trends Over the Last Six Weeks? Take a Time Capsule. 150 150 CloudNine

I try to set aside some time over the weekend to catch up on my reading and keep abreast of developments in the industry and although that’s sometimes that’s easier said than done, I stumbled across an interesting compilation of legal technology information from my friend Christy Burke and her team at Burke & Company. On Friday, Burke & Company released The Legal Technology Observer (LTO) Time Capsule on Legal IT Professionals. LTO was a 6 week concentrated collection of essays, articles, surveys and blog posts providing expert practical knowledge about legal technology, eDiscovery, and social media for legal professionals.

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eDiscovery Case Law: Judge Scheindlin Says “No” to Self-Collection, “Yes” to Predictive Coding
 eDiscovery Case Law: Judge Scheindlin Says “No” to Self-Collection, “Yes” to Predictive Coding 150 150 CloudNine

When most people think of the horrors of Friday the 13th, they think of Jason Voorhees. When US Immigration and Customs thinks of Friday the 13th horrors, do they think of Judge Shira Scheindlin? As noted in Law Technology News (Judge Scheindlin Issues Strong Opinion on Custodian Self-Collection, written by Ralph Losey, a previous thought leader interviewee on this blog), New York District Judge Scheindlin issued a decision last Friday (July 13) addressing the adequacy of searching and self-collection by government entity custodians in response to Freedom of Information Act (FOIA) requests.

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eDiscovery Trends: How Many Requests for User Information is Twitter Receiving? It’s Transparent.
 eDiscovery Trends: How Many Requests for User Information is Twitter Receiving? It’s Transparent. 150 150 CloudNine

As illustrated in the example we posted Tuesday, Twitter continues to receive requests from government agencies for user information (often related to litigation). How many are they receiving? Now, you can find out, simply by clicking on their new Transparency Report page to see the number of requests they have received.

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eDiscovery Case Law: “Tweets” Are Public and Must Be Produced, Judge Rules
 eDiscovery Case Law: “Tweets” Are Public and Must Be Produced, Judge Rules 150 150 CloudNine

First, Malcolm Harris tried to quash a subpoena seeking production of his Tweets and his Twitter account user information in his New York criminal case. That request was rejected, so Twitter then sought to quash the subpoena themselves, claiming that the order to produce the information imposed an “undue burden” on Twitter and even forced it to “violate federal law”. Now, the criminal court judge has ruled on Twitter’s motion.

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eDiscovery Trends: TREC Study Finds that Technology Assisted Review is More Cost Effective
 eDiscovery Trends: TREC Study Finds that Technology Assisted Review is More Cost Effective 150 150 CloudNine

As reported in Law Technology News (Technology-Assisted Review Boosted in TREC 2011 Results by Evan Koblentz), the Text Retrieval Conference (TREC) Legal Track, a government sponsored project designed to assess the ability of information retrieval techniques to meet the needs of the legal profession, has released its 2011 study results (after several delays). A link to the overview of the 2011 TREC Legal Track can be found here.

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eDiscovery Best Practices: Quality Assurance vs. Quality Control and Why Both Are Important in eDiscovery
 eDiscovery Best Practices: Quality Assurance vs. Quality Control and Why Both Are Important in eDiscovery 150 150 CloudNine

People tend to use the terms Quality Assurance (QA) and Quality Control (QC) interchangeably and it’s a pet peeve of mine. It’s like using the word “irregardless” – which isn’t really a word. The fact is that QA and QC are different mechanisms for ensuring quality in…anything. Products, processes and projects (as well as things that don’t begin with “pro”) are all examples of items that can benefit from quality ensuring mechanisms and those that are related to electronic discovery can particularly benefit.

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eDiscovery Trends: eDiscovery Work is Growing in Law Firms and Corporations
 eDiscovery Trends: eDiscovery Work is Growing in Law Firms and Corporations 150 150 CloudNine

There was an article in Law Technology News last Friday (Survey Shows Surge in E-Discovery Work at Law Firms and Corporations, written by Monica Bay) that discussed the findings of a survey released by The Cowen Group, indicating that eDiscovery work in law firms and corporations is growing considerably. Eighty-eight law firm and corporate law department professionals responded to the survey.

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eDiscovery Trends: The Da Silva Moore Case Has Class (Certification, That Is)
 eDiscovery Trends: The Da Silva Moore Case Has Class (Certification, That Is) 150 150 CloudNine

As noted in an article written by Mark Hamblett in Law Technology News, Judge Andrew Carter of the U.S. District Court for the Southern District of New York has granted conditional class certification in the Da Silva Moore v. Publicis Groupe & MSL Group case.

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