Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.
Court Orders Defendants to Resubmit Production of “Inferior” Quality Documents: eDiscovery Case Law
Court Orders Defendants to Resubmit Production of “Inferior” Quality Documents: eDiscovery Case Law 479 270 CloudNine

In Dunne v. Resource Converting, LLC et al., Missouri Magistrate Judge David D. Nocel granted the plaintiff’s motion to compel and to enforce, ordering the defendants to “resubmit to plaintiff the subject low-quality documents in a non-blurry, legible form digitally accessible to plaintiff, and with the same bates-stamp numbers as the original production”. Judge Nocel also ordered the defendants to pay plaintiff’s attorneys’ fees and expenses associated with his motion to compel, but decided that the plaintiff’s request for an independent forensic expert to preside over the technical discovery requests and responses was not warranted at this time.

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Today, You Can Help The “Luddite” Lawyer Learn to Embrace Technology: eDiscovery Webcasts
Today, You Can Help The “Luddite” Lawyer Learn to Embrace Technology: eDiscovery Webcasts 463 264 CloudNine

Technology Assisted Review (TAR) has been court approved for nearly seven years now and other technologies and approaches have been proven to save time and money while even improving quality within the discovery process. Yet, many lawyers still have yet to embrace these new technologies and approaches. Why, and what needs to happen to change things? Today’s webcast will take a look at what needs to happen to help the “Luddite” legal professional learn to embrace technology.

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Will Lawyers Ever Embrace Technology?: eDiscovery Best Practices, Part Five
Will Lawyers Ever Embrace Technology?: eDiscovery Best Practices, Part Five 302 359 CloudNine

So, what can we do to help lawyers become technologically proficient? And, what are ten great tips for learning and working with eDiscovery and electronically stored information? Let’s take a look.

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Will Lawyers Ever Embrace Technology?: eDiscovery Best Practices, Part Four
Will Lawyers Ever Embrace Technology?: eDiscovery Best Practices, Part Four 302 359 CloudNine

There are several good resources to help lawyers improve their technology expertise, including websites and publications. So, what are they? Let’s take a look.

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Will Lawyers Ever Embrace Technology?: eDiscovery Best Practices, Part Three
Will Lawyers Ever Embrace Technology?: eDiscovery Best Practices, Part Three 302 359 CloudNine

So, how can we change the situation? To begin to answer that question, let’s take a look at the ethical obligation that lawyers have to be technically competent and the state of technology education for lawyers today.

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Will Lawyers Ever Embrace Technology?: eDiscovery Best Practices, Part Two
Will Lawyers Ever Embrace Technology?: eDiscovery Best Practices, Part Two 302 359 CloudNine

So, why is the lack of technology expertise among lawyers important? To answer that question, we need to take a look at the current situation in terms of what we’re trying to accomplish with eDiscovery, whether knowledge of that is important and what do we need to do to change.

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Will Lawyers Ever Embrace Technology?: eDiscovery Best Practices
Will Lawyers Ever Embrace Technology?: eDiscovery Best Practices 302 359 CloudNine

Law firms today possess technology tools which have been proven to save time and money while simultaneously improving quality within the discovery process. Two thirds of the states have enacted rules which impose lawyer’s ethical duty to understand technology. And, case after case shows judicial endorsement of both of these concepts. Why is it, then, that surveys continue to show that many lawyers have yet to embrace these new technologies and approaches?

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ACEDS Shows Why You Need Those Stinking Badges: eDiscovery Trends
ACEDS Shows Why You Need Those Stinking Badges: eDiscovery Trends 553 376 CloudNine

If you love classic comedy movies like me, you probably love the classic Mel Brooks comedy Blazing Saddles. My favorite quote from that movie is when the bandido says “Badges? We don’t need no stinking badges!” Well, The Association of Certified E-Discovery Specialists (ACEDS) is showing that you do, in fact, need those stinking badges to prove you’re CEDS certified.

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Court Grants Motion to Quash Subpoena From Defunct Non-Party Entity: eDiscovery Case Law
Court Grants Motion to Quash Subpoena From Defunct Non-Party Entity: eDiscovery Case Law 479 270 CloudNine

In Swift Beef Co. v. Alex Lee, Inc., Kansas Magistrate Judge Kenneth G. Gale, finding that “the information requested by the subpoena has limited relevance and is not proportional to the needs of the case” and that the non-party entity (Vantage Foods) had established that its production would be unduly burdensome, granted Vantage’s Motion to Quash Subpoenas and denied the plaintiff’s Motion to Compel Compliance with Subpoena as moot.

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Judge Says “Alexa, Please Testify in a Double Murder Case”: eDiscovery Trends
Judge Says “Alexa, Please Testify in a Double Murder Case”: eDiscovery Trends 172 446 CloudNine

The occurrence of Internet of Things (IoT) devices in criminal cases is becoming more and more frequent. Just last month, we covered a case where data from a Fitbit led to the arrest of a murder suspect (we covered another case like it last year as well). Now, an Amazon Echo may have key evidence in a double murder committed last year.

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