Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.

Thinking Like a Millennial: How Millennials are Changing Discovery

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

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

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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Testing Your Search Using Sampling: eDiscovery Throwback Thursdays

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

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

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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