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.
read moreLast 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.
read moreA 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.
read moreAs noted yesterday, attorneys have reason to be worried about accidental waiver of privilege in today’s cases, where discovery of electronic documents reaches unprecedented volumes. With more electronically stored information (ESI) comes an increased risk of accidentally producing privileged information. Fortunately, there are provisions that can prevent some of the damage of such accidents. Yesterday, we discussed “clawback” provisions and “quick peek” agreements. Today, we discuss the protections that Federal Rule of Evidence 502 provide.
read moreWith exploding volumes of electronically stored information (ESI) being required in discovery proceedings, there is more chance than ever of inadvertently producing materials that should have been protected by privilege. No case exemplifies that better than the current eDiscovery malpractice case involving McDermott, Will & Emery discussed in this blog where McDermott’s former client, J-M Manufacturing, has contended that 3,900 privileged documents were erroneously produced. It is virtually impossible these days to keep every item from production that is protected by attorney-client or work product privilege. Fortunately, there are protections against a claim of privilege waiver through inadvertent production.
read moreEmail has historically been the most common form of requested electronically stored information (ESI), but that has changed, according to a survey performed by Symantec and reported in Law Technology News. According to the article, Symantec’s survey, conducted this past June and July, included lawyers and technologists at 2,000 enterprises worldwide. Regarding how frequently (percentage of situations requested) various types of ESI are requested during legal and regulatory processes, the survey yielded some surprising answers.
read moreBreak out the birthday cake and the noisemakers! eDiscovery Daily is now a year old! One year ago today, we launched this blog with the ambitious goal of providing eDiscovery news and analysis every business day. And, we haven’t missed a day yet! Knock on wood! For those of you who have not been following eDiscovery Daily all year, here are some topics and posts you may have missed. Feel free to check them out!
read moreOne of the most talked about cases from an eDiscovery perspective this year is the case against McDermott Will & Emery for alleged malpractice in the disclosure of privileged documents. McDermott’s former client, J-M Manufacturing, has contended that 3,900 privileged documents were erroneously produced as part of 250,000 J-M electronic records that were reviewed under McDermott’s supervision. Now, J-M has filed a motion seeking clawback of 3,400 privileged documents it contends that McDermott wrongfully produced, claiming the US government and, then, their opponents in the case, received the documents erroneously from McDermott.
read moreA recent article published in Texas Lawyer and reprinted on Law.com raises the question of extensive and costly eDiscovery requests and how to handle them. The authors of “Keep E-Discovery Costs from Torpedoing Litigation Budgets” present a hypothetical scenario where the opposing counsel has requested production of 10 years of legacy electronic data – a prospect that could cost more in recovery expenses than the value of the entire lawsuit. What is the best approach for counsel to take under the circumstances and what kind of legal recourse is there if producing extensive amounts of electronic information doesn’t make sense? Meet Texas Rule 196.4.
read moreOne of the most influential organizations in eDiscovery is The Sedona Conference® (TSC), a Arizona-based non-profit, non-partisan law and policy think tank that has made numerous contributions to the industry since it was founded in 1997. Some of the most recent contributions have been documented in this blog, including a commentary on proportionality released last year and database principles released earlier this year. A couple of weeks ago, TSC announced significant changes to their management structure. Those changes are described here.
read more|
On-Premise Processing and Review offer unique advantages that the cloud alone can’t replicate. Make an informed decision. |
