Our Insights on eDiscovery

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Court Grants Motion to Compel Production of Telephone Records from Individual Plaintiff: eDiscovery Case Law
 Court Grants Motion to Compel Production of Telephone Records from Individual Plaintiff: eDiscovery Case Law 479 270 CloudNine

In Siemers v. BNSF Railway Co., Nebraska Magistrate Judge Susan M. Bazis finding that the plaintiff’s telephone records are discoverable pursuant to Fed. R. Civ. P. 26, that they are not subject to a privilege claim just because plaintiff’s counsel’s telephone number may appear in the records and that privacy issues are minimal to non-existent (since the at-issue records do not contain the substance of communications), ordered the plaintiff to produce his telephone records within one week of the order.

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Another Sedona Conference Commentary Published: eDiscovery Best Practices
 Another Sedona Conference Commentary Published: eDiscovery Best Practices 428 600 CloudNine

Last week, I discussed two public comment publications from The Sedona Conference® (TSC) from last year that were published in final form over the past few weeks. Now, TSC has announced a new publication from and its Working Group 11 on Data Security and Privacy Liability (WG11) that evaluates the application of the attorney-client privilege and work-product protection doctrine to an organization’s cybersecurity information.

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What Does a Record Number of Responses Show Regarding eDiscovery Business Confidence?: eDiscovery Trends
 What Does a Record Number of Responses Show Regarding eDiscovery Business Confidence?: eDiscovery Trends 601 452 CloudNine

As promised yesterday, I’m here to cover the results of the Spring 2019 eDiscovery Business Confidence Survey, published (as always) on Rob Robinson’s terrific Complex Discovery site. So, how confident are individuals working in the eDiscovery ecosystem in the business of eDiscovery? Let’s see.

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Craig Ball’s Wayback Machine and Look at the Mueller Report: eDiscovery Best Practices
 Craig Ball’s Wayback Machine and Look at the Mueller Report: eDiscovery Best Practices 369 524 CloudNine

Some weeks there is so much to cover in eDiscovery that it’s difficult to get to everything. This is one of those weeks. Like me, several of you are fans of Rob Robinson’s quarterly eDiscovery Business Confidence Survey on his Complex Discovery blog and he has just published the results of his Spring 2019 Survey, which are very interesting and I will (hopefully) post my normal analysis on that tomorrow. But, Craig Ball has posted – not just one, but two – interesting posts on his Ball in Your Court blog this week that definitely need to be covered as well. “Ball” comes before “Robinson” alphabetically, so I’ll cover his posts first. ;o)

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Two Weeks, Two Sedona Conference Guides Published: eDiscovery Best Practices
 Two Weeks, Two Sedona Conference Guides Published: eDiscovery Best Practices 428 600 CloudNine

Last year, The Sedona Conference® (TSC) published a bunch of…er…publications. That included the Public Comment Version of their Primer on Social Media, Second Edition, the Public Comment version of its Commentary on BYOD: Principles and Guidance for Developing Policies and Meeting Discovery Obligations and the final version of its new Data Privacy Primer. Now, TSC has published the final versions of two other guides for which it published the public comment version last year.

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Tomorrow is the Day to Learn Why Discovery Isn’t Just for Litigation Anymore: eDiscovery Webcasts
 Tomorrow is the Day to Learn Why Discovery Isn’t Just for Litigation Anymore: eDiscovery Webcasts 640 360 CloudNine

Where is my brain?!? I’ve forgotten to mention this before now! In today’s era of growing data privacy concerns with GDPR and CCPA, increase in harassment claims with #MeToo and rising corporate malfeasance concerns, there are a lot of potential compliance and investigations needs with regard to discovery that organizations have today whether or not they ever lead to litigation. Want to find out how to address these various challenges? Tune in tomorrow!

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Why Does Production Have to be Such a Big Production?, Part Four
 Why Does Production Have to be Such a Big Production?, Part Four 379 504 CloudNine

So, what are some recommendations for minimizing production mistakes? Here’s one hint: start VERY early. Let’s take a look at some recommendations and tips.

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Why Does Production Have to be Such a Big Production?, Part Three
 Why Does Production Have to be Such a Big Production?, Part Three 379 504 CloudNine

Problems with productions have plagued us for years and none are more prevalent than load file errors. I recall a consultant in Seattle nearly 20 years ago who spent 2/3 of his times cleaning up Summation load files for clients. And the problems haven’t decreased as technology has improved. Let’s take a look at some of those problems.

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eDiscovery Can Be Murder: eDiscovery Charities
 eDiscovery Can Be Murder: eDiscovery Charities 578 578 CloudNine

I know that working on some eDiscovery projects with difficult clients or opposing parties could get you thinking of murder, but, as I said before, I don’t know why anyone would consider committing a murder these days with DNA and all the ways we are tracked by Internet of Things (IoT) devices. However, if you like to solve murders and are in the DC area (or plan to be in mid-May), here’s an event that’s for you. Even better, your participation helps benefit a great cause!

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Why Does Production Have to be Such a Big Production?, Part Two
 Why Does Production Have to be Such a Big Production?, Part Two 379 504 CloudNine

One of the most common technical mistakes lawyers make involve issues with redactions – there are frequent stories that make the news regarding lawyers publishing documents that were improperly redacted. Redaction issues are also the most common error in document productions in eDiscovery as well. There are a variety of issues associated with redactions and they have considerable impact on a lawyer’s ethical duty to confidentiality. Let’s take a look.

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