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: Wednesday’s ILTA Sessions
 eDiscovery Trends: Wednesday’s ILTA Sessions 150 150 CloudNine

As noted yesterday and Monday, the International Legal Technology Association (ILTA) annual educational conference of 2011 is happening this week and eDiscoveryDaily is here to report about the latest eDiscovery trends being discussed at the show. There’s still time to check out the show if you’re in the Nashville area with a number of sessions available and over 280(!) exhibitors providing information on their products and services. Perform a “find” on today’s ILTA conference schedule for “discovery” and you’ll get 9 hits. So, there is plenty to talk about! Sessions in the main conference tracks include…

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eDiscovery Trends: Tuesday’s ILTA Sessions
 eDiscovery Trends: Tuesday’s ILTA Sessions 150 150 CloudNine

As noted yesterday, the International Legal Technology Association (ILTA) annual educational conference of 2011 is happening this week and eDiscoveryDaily is here to report about the latest eDiscovery trends being discussed at the show. There’s still time to check out the show if you’re in the Nashville area with a number of sessions available and over 280(!) exhibitors providing information on their products and services. Perform a “find” on today’s ILTA conference schedule for “discovery” and you’ll get 6 hits. So, there is plenty to talk about! Sessions in the main conference tracks include…

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eDiscovery Trends: Welcome to ILTA 2011!
 eDiscovery Trends: Welcome to ILTA 2011! 150 150 CloudNine

The International Legal Technology Association (ILTA) annual educational conference of 2011 kicked off yesterday with several networking events, and begins in earnest today with the first day of sessions. eDiscoveryDaily is here to report about the latest eDiscovery trends being discussed at the show. Over the next four days, we will provide a description each day of some of the sessions related to eDiscovery to give you a sense of the topics being covered.

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eDiscovery Best Practices: 6 Project Management Practices to Apply to eDiscovery Cases
 eDiscovery Best Practices: 6 Project Management Practices to Apply to eDiscovery Cases 150 150 CloudNine

We’ve discussed project management as it relates to eDiscovery many times on this blog and even discussed whether there is any difference in managing legal projects vs. other types of projects. This article published on Law Technology News yesterday, written by David Kearney of Cohen & Grigsby provides a good summary of six best practices to apply not only to eDiscovery projects, but to any project. Everybody loves lists, right? At least I do. Here are the six best practices the author listed, with some of my own observations.

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eDiscovery Case Law: Sanctions for Spoliation, Even When Much of the Data Was Restored
 eDiscovery Case Law: Sanctions for Spoliation, Even When Much of the Data Was Restored 150 150 CloudNine

A Virginia court recently ordered sanctions against the defendant in a case of deliberate spoliation of electronic discovery documents. In E.I. Du Pont De Nemours & Co. v. Kolon Indus., Inc., No. 3:09cv58, 2011 WL 2966862 (E.D. Va. July 21, 2011), the defendant was found to have committed spoliation “in bad faith” in a manner that constituted a “violation of duty… to the Court and the judicial process.”

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eDiscovery Trends: North Carolina Adopts eDiscovery Rules
 eDiscovery Trends: North Carolina Adopts eDiscovery Rules 150 150 CloudNine

Earlier this year, Wisconsin and Connecticut adopted new eDiscovery rules. On October 1, changes to the North Carolina Rules of Civil Procedure will go into effect to provide guidelines for handling eDiscovery in North Carolina state courts. The rule changes, for the most part, follow the same guidelines as the 2006 Amendments to the Federal Rules of Civil Procedure. Here is a summary of the changes.

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eDiscovery Best Practices: When Collecting, Image is Not Always Everything
 eDiscovery Best Practices: When Collecting, Image is Not Always Everything 150 150 CloudNine

There was a commercial in the early 1990s for Canon cameras in which tennis player Andre Agassi uttered the quote that would haunt him for most of his early career – “Image is everything.” When it comes to eDiscovery preservation and collection, there are times when “Image is everything”, as in a forensic “image” of the media is necessary to preserve all potentially responsive ESI. However, forensic imaging of media is usually not necessary for Discovery purposes.

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Announcement: Trial Solutions is now CloudNine Discovery!
 Announcement: Trial Solutions is now CloudNine Discovery! 150 150 CloudNine

In addition to today’s regular blog post about eDiscovery case law, we have an important announcement: Trial Solutions is pleased to announce that we have officially changed our name to CloudNine Discovery!

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eDiscovery Case Law: "Untimely" Motion for Sanctions for Spoliation Denied
 eDiscovery Case Law: "Untimely" Motion for Sanctions for Spoliation Denied 150 150 CloudNine

A recent ruling by the US District Court of Tennessee has denied a motion for sanctions for spoliation on the grounds that the motion was “untimely.” In Am. Nat’l Prop. & Cas. Co. v. Campbell Ins., Inc., No. 3:08-cv-00604, 2011 WL 3021399 (M.D. Tenn. July 22, 2011), the plaintiff argued that the defendants’ admitted failure to preserve evidence “warrants a harsh penalty,” but the court found in favor of the defense that the motion was untimely.

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eDiscovery Trends: Same Old Story, Lawyers Struggling to “Get” eDiscovery
 eDiscovery Trends: Same Old Story, Lawyers Struggling to “Get” eDiscovery 150 150 CloudNine

A couple of days ago, Law Technology News (LTN) published an article entitled Lawyers Struggle to Get a Grasp on E-Discovery, by Gina Passarella, via The Legal Intelligencer. Noting that “[a]ttorneys have said e-discovery can eat up between 50 to 80 percent of a litigation budget”, the article had several good observations and quotes from various eDiscovery thought leaders. So, do you have a game plan for “getting” eDiscovery?

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