Our Insights on eDiscovery

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eDiscovery Rules: What's Really Required for the "Meet and Confer"?
 eDiscovery Rules: What's Really Required for the "Meet and Confer"? 150 150 CloudNine

Almost any litigation professional who works with eDiscovery is aware of the Rule 26(f) “meet and confer” conference, but many don’t fully understand its parameters and how it affects ESI. What exactly is the “meet and confer” and what are some of its implications in regard to eDiscovery?

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eDiscovery Case Law: Defendants' Privilege Waived for "Completely Ineffective" Discovery Procedures
 eDiscovery Case Law: Defendants' Privilege Waived for "Completely Ineffective" Discovery Procedures 150 150 CloudNine

In a case over purported building and zoning code violations, an Illinois District Court has found the defendants responsible for inadvertently producing several privileged documents during discovery and for a failure to correct the problem in a timely manner, and has ordered the privilege to be waived.

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eDiscovery Trends: Lawyers Versus Machines – Who’s “Winning”?
 eDiscovery Trends: Lawyers Versus Machines – Who’s “Winning”? 150 150 CloudNine

As discussed on this blog, mainstream publications including The New York Times and Forbes have noticed the rise of search technology in discovery, particularly predictive coding. The New York Times article, Armies of Expensive Lawyers, Replaced by Cheaper Software, inspired a lot of consternation in the legal community by proposing that technology was replacing human lawyers.

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

As noted the past three days, 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. Today’s the last day 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. Last chance! Perform a “find” on today’s ILTA conference schedule for “discovery” and you’ll get 11 hits. So, there is plenty to talk about! Sessions in the main conference tracks include…

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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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