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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#metoo and the Increasing Investigation Emphasis on eDiscovery: eDiscovery Trends
 #metoo and the Increasing Investigation Emphasis on eDiscovery: eDiscovery Trends 551 310 CloudNine

In our April webcast (Discovery Isn’t Just for Litigation Anymore), conducted by Tom O’Connor and me, we discussed a number of factors that are increasing the need for eDiscovery software and services, including compliance considerations with the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). The need for eDiscovery in internal investigations is on the rise as well and one of the most significant factors is workplace harassment and #metoo, which we also discussed in that webcast. Here’s another indication of the growth of that factor.

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The Price is Right. Or is it? You Be the Judge: eDiscovery Trends
 The Price is Right. Or is it? You Be the Judge: eDiscovery Trends 342 342 CloudNine

Talking about eDiscovery pricing in this industry is like talking about Fight Club, the first rule and second rule seems to be that you don’t talk about it. Only Rob Robinson could get 81 people to talk about what isn’t talked about in this industry.

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My Guest Post for Complete Legal: eDiscovery Best Practices
 My Guest Post for Complete Legal: eDiscovery Best Practices 538 403 CloudNine

You might think that since I write a daily blog, I have no time to do any other writing on the side. And, a lot of times, that’s true. However, I wrote a guest blog post recently for our good friends and Kansas City partners at Complete Legal and so I’ve decided to point to that blog post for today to give our readers a chance to read that post.

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Court Orders Plaintiff to Share in Discovery Costs of Non-Party: eDiscovery Case Law
 Court Orders Plaintiff to Share in Discovery Costs of Non-Party: eDiscovery Case Law 479 270 CloudNine

In Lotus Indus., LLC v. Archer, Michigan Magistrate Judge Anthony P. Patti granted in part and denied in part without prejudice non-party City of Detroit Downtown Development Authority’s (DDA) motion for protective order in connection with the Court’s order granting in part and denying in part the plaintiff’s motion to compel documents requested by subpoena, ordering the plaintiff to pay some of DDA’s discovery costs, but not as much as DDA requested.

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No Bates, No Problem for Native Files: eDiscovery Throwback Thursdays
 No Bates, No Problem for Native Files: eDiscovery Throwback Thursdays 341 341 CloudNine

If you read my blog post on Tuesday, you saw my coverage of Craig Ball’s blog post regarding whether we’ve “lost the war” on eDiscovery. Craig particularly lamented the lack of focus on practical eDiscovery skills, especially in the eDiscovery conferences we attend, where they have moved on to “anti-discovery topics”, such as proportionality, privacy, General Data Protection Regulation (GDPR) and cybersecurity. Certainly, that sentiment probably extends to publications as well, as we have covered a lot of those “anti-discovery” topics extensively. But we used to cover a lot more of the practical eDiscovery best practices in the early years of the blog. And, that got me thinking that maybe we should revisit some of those topics.

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Here’s a Webcast to Help Plaintiff’s Attorneys Conquer Their Biggest eDiscovery Challenges: eDiscovery Webcasts
 Here’s a Webcast to 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? Here’s a webcast that will help put those plaintiff’s attorneys on a more equal footing with their defendant counterparts.

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If You’re Reading This, It Probably Doesn’t Apply to You: eDiscovery Best Practices
 If You’re Reading This, It Probably Doesn’t Apply to You: eDiscovery Best Practices 522 409 CloudNine

On the veritable eve of the annual Georgetown Law Center eDiscovery Training Academy, Craig Ball (who is in the midst of that very academy now) has asked the question Have We Lost the War on E-Discovery? But, if you’re reading that (or this blog post), it probably doesn’t apply to you.

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With No Showing of Prejudice, Court Denies Spoliation Sanctions Against Defendant: eDiscovery Case Law
 With No Showing of Prejudice, Court Denies Spoliation Sanctions Against Defendant: eDiscovery Case Law 479 270 CloudNine

In Mafille v. Kaiser-Francis Oil Co., Oklahoma Magistrate Judge Frank H. McCarthy, finding that the plaintiffs “have not demonstrated they have been prejudiced” by the loss of the plaintiff former employee’s work computer, denied the plaintiffs’ motion for sanctions “without prejudice to reassertion of the motion if through discovery it is determined that some specific evidence is beyond Plaintiffs’ reach” for the defendant’s “clear failure” to preserve the computer.

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If You’re “Certifiable”, You Must Be “Committed”: eDiscovery Trends
 If You’re “Certifiable”, You Must Be “Committed”: eDiscovery Trends 339 338 CloudNine

Despite what the title might suggest, this is an eDiscovery related post, not a psychological one. Certifications have become increasingly important in eDiscovery today and a couple of recent events illustrate how “committed” CloudNine is to eDiscovery professionals who are “certifiable”.

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Does Louisiana’s Tech Ethics Opinion Miss the Mark? Depends on Who You Ask: eDiscovery Trends
 Does Louisiana’s Tech Ethics Opinion Miss the Mark? Depends on Who You Ask: eDiscovery Trends 401 572 CloudNine

Last week, I read an article from Bob Ambrogi on Above the Law, that discussed his opinion (as well as that of Nicole Black, discussed in her Sui Generis blog) that the recently adopted Louisiana ethics opinion misses the mark with regard to guidance to lawyers regarding their ethical duty to understand technology. When I saw that, I reached out to my good buddy Tom O’Connor (and the longest tenured Louisiana attorney I know, sorry Craig), for his take. Did he agree with that assessment? As Tom put it in his own Techno Gumbo blog (channeling his internal Lee Corso), “not so fast, my friend”.

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