Our Insights on eDiscovery

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State eDiscovery Rules: Florida Moves to Adopt New Civil Procedure Rules on eDiscovery
 State eDiscovery Rules: Florida Moves to Adopt New Civil Procedure Rules on eDiscovery 150 150 CloudNine

Florida is currently preparing to adopt a set of changes to its Rules of Civil Procedure with regard to discovery of ESI, closely founded on the changes made to the Federal Rules in 2006. Based on the recommendation of the Florida Civil Rules Electronic Discovery Subcommittee, the full Rules Committee voted on implementing changes now rather than waiting until 2013 when these rules would normally be considered.

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Marketing a Litigation Support / eDiscovery Department within a Law Firm: The “Marketing Mind-Set”
 Marketing a Litigation Support / eDiscovery Department within a Law Firm: The “Marketing Mind-Set” 150 150 CloudNine

As we discussed yesterday, successful marketing of a litigation support / eDiscovery department within a law firm is a significant “key to success” to the success of such a department. For marketing efforts to be successful in a law firm, they have to be approached with the right “mind-set”. This may require making some adjustments to how litigation support / eDiscovery department members think about marketing, and perhaps even some adjustments to how the department operates.

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Marketing a Litigation Support / eDiscovery Department within a Law Firm: Introduction
 Marketing a Litigation Support / eDiscovery Department within a Law Firm: Introduction 150 150 CloudNine

You may have seen the movie “Field of Dreams”. In that film, Ray – the main character – builds a baseball field on his farm in Iowa. Famous, deceased baseball players like Shoeless Joe Jackson appear to play ball on the field, and fans travel from all over to watch the ball games. Throughout the movie, a voice tells Ray “If you build it, they will come”. If you look this film up in a movie directory, it’s categorized as a “fantasy”. And this statement is a fantasy too. This just doesn’t work in real life. We have to do more than build something.

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eDiscovery Trends: Opinions…Everybody Has One
 eDiscovery Trends: Opinions…Everybody Has One 150 150 CloudNine

With the number of presidential candidacy polls already being conducted with over a year(!) before the 2012 presidential election, it’s no surprise that just about everyone is willing to express an opinion on just about anything. With that in mind, one of the best eDiscovery blogs out there, Ralph Losey’s e-Discovery Team blog, is currently conducting a confidential poll of its readers related to various eDiscovery topics.

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eDiscovery Law: Model Order Proposes to Limit eDiscovery in Patent Cases
 eDiscovery Law: Model Order Proposes to Limit eDiscovery in Patent Cases 150 150 CloudNine

A recent article in Texas Lawyer discussed the new model order proposed by Federal Circuit Chief Judge Randall Rader as a measure against the “excesses” of eDiscovery production. As noted at the 2011 Eastern District of Texas Bench Bar Conference in Irving last week, the “Model Order on E-Discovery in Patent Cases” was unanimously voted on by the Federal Circuit Advisory Council and, as a result, could significantly alter the way discovery materials are used in patent cases.

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eDiscovery Trends: Sometimes the Vendor Sues the Law Firm – And Wins!
 eDiscovery Trends: Sometimes the Vendor Sues the Law Firm – And Wins! 150 150 CloudNine

The eDiscovery malpractice case involving McDermott, Will & Emery has captured considerable interest in the industry and this blog, with recent posts to relate developments in the case associated with inadvertent production of 3,900 privileged documents. Sometimes, the “shoe is on the other foot”, so to speak.

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eDiscovery Case Law: Court Says Lack of eDiscovery Rules for Criminal Cases is a Crime
 eDiscovery Case Law: Court Says Lack of eDiscovery Rules for Criminal Cases is a Crime 150 150 CloudNine

A New York district court recently ordered the United States Government to reproduce thousands of pages of electronic discovery materials in a criminal case involving the distribution of cocaine. In United States v. Briggs, the Government produced thousands of pages of electronic documents and a number of audio recordings, none of which were text searchable. The court ultimately decided that the onus of producing searchable materials for eDiscovery fell on the Government itself.

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eDiscovery Trends: Economy Woes Not Slowing eDiscovery Industry Growth
 eDiscovery Trends: Economy Woes Not Slowing eDiscovery Industry Growth 150 150 CloudNine

Despite the recent economic recession resulting in “crashing” corporate profitability, eDiscovery is still growing as an industry, according to a Market Research Report now available from IBISWorld. This is happening while the number of participants in the industry has declined as the industry has continued to consolidate. Details inside.

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eDiscovery Trends: Sedona Conference Provides Guidance for Judges
 eDiscovery Trends: Sedona Conference Provides Guidance for Judges 150 150 CloudNine

Last month, The Sedona Conference® made a public comments version of the Cooperation Proclamation: Resources for the Judiciary available on the Sedona Conference website. The Sedona Conference Cooperation Proclamation has set a non-trivial goal- to teach the profession to collaborate during the discovery process instead of the traditional gladiatorial style of litigation. The Resources for the Judiciary document aims to provide judges with a foundation for creating a collaborative and non-adversarial approach to managing eDiscovery.

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eDiscovery Case Law: Court Rules Against Exclusion of Privileged Email
 eDiscovery Case Law: Court Rules Against Exclusion of Privileged Email 150 150 CloudNine

A District of Columbia court has ruled against exclusion of a privileged email that was inadvertently produced by the defendant, ruling that the defendant’s actions before and after the discovery of the email’s production pursuant to Federal Rule of Civil Procedure 26(b)(5)(B) were not sufficient to ensure protections under Federal Rule of Exclusion (FRE) 502(b)(3), in a case involving alleged violations of the District of Columbia Whistleblower Act.

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