Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.
Close
Enter your
text here
FTC Calling for National Data Privacy Law: Data Privacy Trends
 FTC Calling for National Data Privacy Law: Data Privacy Trends 150 150 CloudNine

Sure, we’ve talked about California’s Consumer Privacy Act (CCPA). And, we’ve also noted that there are at least 15 state data privacy laws that are working their way through the legislative process. But, is there anybody pushing for a national data privacy law? At least one Federal agency is doing so.

read more
Biggest eDiscovery Challenges Facing Plaintiff’s Attorneys, Part Three
 Biggest eDiscovery Challenges Facing Plaintiff’s Attorneys, Part Three 150 150 CloudNine

Now let’s turn to some of the individual responses. As I mentioned in part two, the most popular choice for plaintiff eDiscovery pain points was cooperation, so let’s take a look at the attorneys’ specific responses regarding cooperation challenges.

read more
Court Establishes Search Protocol to Address Plaintiff’s Motion to Compel: eDiscovery Case Law
 Court Establishes Search Protocol to Address Plaintiff’s Motion to Compel: eDiscovery Case Law 150 150 CloudNine

In Lawson v. Spirit Aerosystems, Inc., Kansas Magistrate Judge Angel D. Mitchell granted in part and denied in part the plaintiff’s motion to compel, ordering the defendant to produce documents related to two requests and, with regard to a third request, ordering the defendant to “produce these documents to the extent that such documents are captured by the ESI search protocol.”

read more
Biggest eDiscovery Challenges Facing Plaintiff’s Attorneys, Part Two
 Biggest eDiscovery Challenges Facing Plaintiff’s Attorneys, Part Two 150 150 CloudNine

With regard to my question regarding pain points in plaintiffs’ eDiscovery work, here is what our attorneys identified as the top 3 pain points experienced by plaintiffs’ attorneys.

read more
Are You Making Enough Money as an eDiscovery Professional?: eDiscovery Trends
 Are You Making Enough Money as an eDiscovery Professional?: eDiscovery Trends 150 150 CloudNine

Geez, if that blog post title doesn’t get your attention, I don’t know what will. The answer is: of course not! But, how do you demonstrate to your boss that you deserve a raise? Leave to Rob Robinson and another “mashup” to give you the data you need to make your point!

read more
Biggest eDiscovery Challenges Facing Plaintiff’s Attorneys
 Biggest eDiscovery Challenges Facing Plaintiff’s Attorneys 150 150 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.

read more
Why Do Hackers Hack? It’s About the Money, Apparently: Cybersecurity Trends
 Why Do Hackers Hack? It’s About the Money, Apparently: Cybersecurity Trends 150 150 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.

read more
Twenty-One Points, Less Than 350 Words: eDiscovery Best Practices
 Twenty-One Points, Less Than 350 Words: eDiscovery Best Practices 150 150 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!

read more
Should Judges Have an Explicit Technical Competence Requirement?: eDiscovery Trends
 Should Judges Have an Explicit Technical Competence Requirement?: eDiscovery Trends 150 150 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?

read more
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 150 150 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.

read more