Our Insights on eDiscovery

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Biggest eDiscovery Challenges Facing Plaintiff’s Attorneys
 Biggest eDiscovery Challenges Facing Plaintiff’s Attorneys 620 413 CloudNine

Approximately 2/3 of my consulting practice revolves around issues with ESI production. Much of that work involves asymmetrical cases where one side, typically corporate defendants, has the vast majority of discovery. And since my experience is not untypical, what we see in eDiscovery practice is a heavy focus in the eDiscovery world on defense strategy, both in actual practice and educational conferences. But what about strategy for the Plaintiff’s bar? Do they have different even dramatically different needs simply because they have less ESI? This paper will take a look at that.

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Why Do Hackers Hack? It’s About the Money, Apparently: Cybersecurity Trends
 Why Do Hackers Hack? It’s About the Money, Apparently: Cybersecurity Trends 275 247 CloudNine

Big surprise there, right? So says the 2019 Verizon Data Breach Investigations Report (DBIR), which analyzes the reported cybersecurity and data breach incidents for the year. According to this year’s report, senior C-level executives are 12 times more likely to be the target of social engineering attacks, and 9 times more likely to be the target of social breaches than in previous years, with financial motivation the key driver in these attacks.

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Twenty-One Points, Less Than 350 Words: eDiscovery Best Practices
 Twenty-One Points, Less Than 350 Words: eDiscovery Best Practices 708 375 CloudNine

Yesterday, I wrote about whether judges, like lawyers, should have an explicit technical competence requirement as well. Leave it to Craig Ball to take a somewhat complex technical concept and break it down to the fewest possible words – i.e., in a “nutshell”. Hey, judges! This might be a good place to start!

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Should Judges Have an Explicit Technical Competence Requirement?: eDiscovery Trends
 Should Judges Have an Explicit Technical Competence Requirement?: eDiscovery Trends 259 259 CloudNine

Since the American Bar Association revised the Model Rules of Professional Conduct for lawyers in 2012 to add technology competence to their duty to be competent in the law and its practice, there have been 36 states that have adopted that Model Rule. How do I know that? Because Bob Ambrogi keeps track of that on his LawSites blog here. But, what about judges? Shouldn’t they have an explicit technical competence requirement as well?

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Here’s a Webcast to Learn How to Keep Production from Becoming Such a Big Production: eDiscovery Webcasts
 Here’s a Webcast to Learn How to Keep Production from Becoming Such a Big Production: eDiscovery Webcasts 465 267 CloudNine

Does it seem like eDiscovery production always seems to be such a big production? It doesn’t have to be. There are a number of steps you can take to minimize the stress, cost and rework associated with producing electronically stored information to opposing counsel as well as to ensure that their production to you is as useful as possible. Here’s a webcast that will help you learn the steps and concepts to keep your productions from turning into a big production.

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Florida Appeals Court Upholds Ruling that Non-Party Had No Duty to Preserve Evidence: eDiscovery Case Law
 Florida Appeals Court Upholds Ruling that Non-Party Had No Duty to Preserve Evidence: eDiscovery Case Law 479 270 CloudNine

In Shamrock-Shamrock, Inc. v. Remark, the District Court of Appeal of Florida, Fifth District affirmed the summary final judgment in favor of the Appellee, holding that Florida law does not impose a duty on nonparties to litigation to preserve evidence based solely on the foreseeability of litigation.

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Here’s the “eDisclosure” Systems Buyers Guide for 2019: eDiscovery Trends
 Here’s the “eDisclosure” Systems Buyers Guide for 2019: eDiscovery Trends 227 322 CloudNine

Yep, it’s that time of year again. Time for Andrew Haslam’s annual eDisclosure Systems Buyers Guide!

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Court Rules Defendant Objections to Discovery Requests Are Too Late, Too Little: eDiscovery Case Law
 Court Rules Defendant Objections to Discovery Requests Are Too Late, Too Little: eDiscovery Case Law 479 270 CloudNine

In Thomas on Behalf of Estate of Thomas v. Bannum Place, Inc., Michigan Magistrate Judge Anthony P. Patti granted and denied the plaintiff’s motion to compel in part, ruling that all of the defendant’s objections to the plaintiff’s discovery requests “are WAIVED…because of its failure to timely respond and object to either set of Plaintiff’s discovery requests.” Judge Patti also granted “reasonable expenses” to the plaintiff in bringing her motion to compel.

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It’s Time for the EDRM 2019 Workshop and Forum at Duke Law School: eDiscovery Best Practices
 It’s Time for the EDRM 2019 Workshop and Forum at Duke Law School: eDiscovery Best Practices 189 111 CloudNine

Two days, two posts about eDiscovery education and best practices at law schools! Yes, it’s time for the annual Duke/EDRM Workshop in Durham, NC, later this month. And, you don’t have to be a member of Duke/EDRM to attend!

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Ready for In-Depth eDiscovery Training? Head to Georgetown: eDiscovery Best Practices
 Ready for In-Depth eDiscovery Training? Head to Georgetown: eDiscovery Best Practices 518 250 CloudNine

There are training courses and there are training courses, but there is no more in-depth eDiscovery training course than the Georgetown Law Center eDiscovery Training Academy. Once again, it is coming up in just over a month. And, if you hurry, you can save on registration!

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