Our Insights on eDiscovery

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Here’s a Webcast to Learn About Key eDiscovery Case Law in 2019 (so far) and How it Affects You: eDiscovery Webcasts
 Here’s a Webcast to Learn About Key eDiscovery Case Law in 2019 (so far) and How it Affects You: eDiscovery Webcasts 532 353 CloudNine

The appearance of the shark can only mean one thing – it’s time for our eDiscovery case week on The Discovery Channel’s Shark Week! So far, 2019 has been another interesting year with notable and important case law decisions related to eDiscovery best practices. What do you need to know about the cases to avoid mistakes made by others and save time and money for your clients? Here’s a webcast where you can catch up on these cases and find out what they mean to you!

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Thinking Like a Millennial: How Millennials are Changing Discovery
 Thinking Like a Millennial: How Millennials are Changing Discovery 482 406 CloudNine

I was asked to tackle this topic after a question in a recent webinar. It seems to imply that millennials are or will be using some forms of technology that will present significant challenges to ESI preservation and production as the member of that social group enter the work force. In this series, we will take a look at millennials, how they differ from previous generations, the impact of millennials on legal technology and eDiscovery and provide some conclusions and recommendations for how to address that impact in your eDiscovery practices.

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Will CCPA Be a “Dumpster Fire” for Those Trying to Comply? Here are 10 Reasons it Might Be: Data Privacy Trends
 Will CCPA Be a “Dumpster Fire” for Those Trying to Comply? Here are 10 Reasons it Might Be: Data Privacy Trends 658 415 CloudNine

We’re less than six months away from the scheduled start of the California Consumer Privacy Act (CCPA) on January 1, 2020. So, what are the law’s prospects when it goes into effect next year? According to one article, there are ten reasons why CCPA is going to be a “dumpster fire” when it goes into effect next year.

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Survey Says! Results of the ACEDS Community Survey: eDiscovery Trends
 Survey Says! Results of the ACEDS Community Survey: eDiscovery Trends 300 300 CloudNine

As part of its focus on offerings and opportunities that impact certifications, careers, contacts, and competence, the Association of Certified E-Discovery Specialists (ACEDS) recently conducted one of the more comprehensive online surveys of individuals currently working in the field of the eDiscovery that I’ve seen in a long time. So, what were some of the findings? Let’s take a look.

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Plaintiff Requests His Entire PST File, Court Says No: eDiscovery Case Law
 Plaintiff Requests His Entire PST File, Court Says No: eDiscovery Case Law 479 270 CloudNine

In Russell v. Kiewit Corp., Kansas Magistrate Judge James P. O’Hara denied the plaintiff’s motion seeking to compel supplemental discovery responses by the seven defendants, including the request to receive his entire e-mail personal storage (PST) file, agreeing with the defendants’ contention that the request was overly broad and not proportional.

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From Legal Week to Legal Geek, The Conference You May Not Have Heard Of: eDiscovery Trends
 From Legal Week to Legal Geek, The Conference You May Not Have Heard Of: eDiscovery Trends 391 481 CloudNine

Don’t feel bad – neither did I until after the fact. But, the first ever Legal Geek North America conference happened last week in Brooklyn and it sounds like it might be one to check out in the future – if you can get in.

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Firm IT Director Predicts “Carnage” in Legal Tech Consolidation: eDiscovery Trends
 Firm IT Director Predicts “Carnage” in Legal Tech Consolidation: eDiscovery Trends 627 361 CloudNine

Not since Clubber Lang predicted “pain” in Rocky III has the state of legal tech consolidation been stated quite this way. Is that good news or bad news for consumers of legal tech software and services?

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Testing Your Search Using Sampling: eDiscovery Throwback Thursdays
 Testing Your Search Using Sampling: eDiscovery Throwback Thursdays 317 320 CloudNine

Here is the third and final part in our Throwback Thursday series on sampling. Two weeks ago, we talked about how to determine an appropriate sample size to test your search results as well as the items NOT retrieved by the search, using a site that provides a sample size calculator. Last week, we talked about how to make sure the sample size is randomly selected. Today, we’ll walk through an example of how you can test and refine a search using sampling.

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Today’s Webcast Will Help Plaintiff’s Attorneys Conquer Their Biggest eDiscovery Challenges: eDiscovery Webcasts
 Today’s Webcast Will Help Plaintiff’s Attorneys Conquer Their Biggest eDiscovery Challenges: eDiscovery Webcasts 465 263 CloudNine

As we learned in Tom O’Connor’s recent five part blog series, it seems as though the eDiscovery deck is stacked against plaintiff’s attorneys. Defendants seem to have all the resources, the technical know-how and the interest of the major eDiscovery vendors while the plaintiffs often have few resources, technical knowledge or eDiscovery experience. How do plaintiff’s attorneys bridge that gap? Today’s webcast that will help put those plaintiff’s attorneys on a more equal footing with their defendant counterparts.

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Court Rules That Privilege Assertion and Potential Fraud Don’t Mix: eDiscovery Case Law
 Court Rules That Privilege Assertion and Potential Fraud Don’t Mix: eDiscovery Case Law 479 270 CloudNine

In Gates Corp. v. CRP Indus., Inc., Colorado Magistrate Judge Kristen L. Mix overruled the Defendant’s Objection to Report and Recommendation of Special Master on Gates Corporation’s Motion to Pierce Attorney/Client Privilege and proceeded with the Discovery Master’s recommendation, ordering the defendant to submit for in camera review readable and searchable versions of the documents identified as privileged by the defendant (along with an Excel spreadsheet of the privilege log) to the Special Master for review.

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