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
Court Rules on Dispute over Native File Format Production and Metadata: eDiscovery Case Law
 Court Rules on Dispute over Native File Format Production and Metadata: eDiscovery Case Law 479 270 CloudNine

In Metlife Inv’rs. USA Ins. Co. v. Lindsey, Indiana Magistrate Judge John E. Martin granted the motion of the defendants/counter plaintiffs (defendants) to compel the plaintiff/counter-defendant (plaintiff) to produce all responsive documents in the form in which they are maintained in the usual course of business (i.e., native files with metadata) and also ordered the defendants to file an itemization of costs and fees, including attorney’s fees, incurred in making the Motion to Compel.

read more
It’s Fall! Has eDiscovery Business Confidence Fallen?: eDiscovery Trends
 It’s Fall! Has eDiscovery Business Confidence Fallen?: eDiscovery Trends 533 353 CloudNine

The Complex Discovery eDiscovery Business Confidence Survey is in the last quarter of its third year and the results are in for the Fall 2018 eDiscovery Business Confidence Survey!  As was the case for the 2016 Winter, Spring, Summer and Fall surveys, the 2017 Winter, Spring, Summer and Fall surveys and the 2018 Winter, Spring…

read more
The “Luddite” Lawyer: Will Lawyers Ever Embrace Technology? (November 28, 2018)
 The “Luddite” Lawyer: Will Lawyers Ever Embrace Technology? (November 28, 2018) 150 150 CloudNine

Technology Assisted Review (TAR) has been court approved for nearly seven years now yet, many lawyers still have yet to embrace these new technologies and approaches. Why, and what needs to happen to change things?.

read more
The Only Thing We Have to Fear is eDiscovery Itself: eDiscovery Horrors!
 The Only Thing We Have to Fear is eDiscovery Itself: eDiscovery Horrors! 600 392 CloudNine

As indicated by our friend “Jack”, today is Halloween! This is our ninth(!) year to identify stories to try to “scare” you with tales of eDiscovery and cybersecurity horrors because we are, after all, an eDiscovery blog. Let’s see how we do this year. Michael Myers ain’t got nothing on us!

read more
Tomorrow’s Webcast Will Help You Get a “Clue” Regarding Your eDiscovery Process: eDiscovery Webcasts
 Tomorrow’s Webcast Will Help You Get a “Clue” Regarding Your eDiscovery Process: eDiscovery Webcasts 502 515 CloudNine

Why am I promoting our monthly webcast today instead of the actual day of the webcast (like I usually do)? You’ll see tomorrow when we publish our ninth(!) annual Halloween list of eDiscovery “frights”. Do you scare easily? Then, DON’T read tomorrow’s post! But, DO attend our webcast tomorrow to get a “clue” regarding your eDiscovery process from me, Tom O’Connor and a special guest! Hint: It’s Mike Q.

read more
Court Grants Adverse Inference Sanction Against Target for Failing to Preserve Surveillance Video: eDiscovery Case Law
 Court Grants Adverse Inference Sanction Against Target for Failing to Preserve Surveillance Video: eDiscovery Case Law 479 270 CloudNine

In Decker v. Target Corp., Utah District Judge Jill N. Parrish granted in part and denied in part the plaintiffs’ for a finding of spoliation and for sanctions, granting the plaintiffs’ request for sanctions for failing to preserve more of the video surveillance footage of the plaintiff’s trip and fall accident, but denied the plaintiffs’ request for sanctions for failing to preserve training records and the store’s safety statistics and records for 2015.

read more
Mike Q Says the Weakest Link in TAR is Humans: eDiscovery Best Practices
 Mike Q Says the Weakest Link in TAR is Humans: eDiscovery Best Practices 570 422 CloudNine

Remember The Weakest Link? That was the early 2000’s game show with the sharp-tongued British hostess (Anne Robinson) telling contestants that were eliminated “You are the weakest link. Goodbye!” Anyway, in Above the Law (Are Humans The Weak Link In Technology-Assisted Review?), Mike takes a look at TAR and concludes that when TAR has problems, it’s because of the people.

read more
Here’s a Terrific Scorecard for Mobile Evidence Discovery: eDiscovery Best Practices
 Here’s a Terrific Scorecard for Mobile Evidence Discovery: eDiscovery Best Practices 337 341 CloudNine

As we’ve noted before, eDiscovery isn’t just about discovery of emails and office documents anymore. There are so many sources of data these days that legal professionals have to account for and millions more being transmitted over the internet every minute, much of which is being transmitted and managed via mobile devices. Now, here’s a terrific new Mobile Evidence Burden and Relevance Scorecard, courtesy of Craig Ball!

read more
Court Rejects Plaintiffs’ “Mindlessly Deficient” Objections to Native Format Production: eDiscovery Case Law
 Court Rejects Plaintiffs’ “Mindlessly Deficient” Objections to Native Format Production: eDiscovery Case Law 479 270 CloudNine

In McDonnel Grp., LLC v. Starr Surplus Lines Ins. Co. et al., Louisiana Magistrate Judge Joseph C. Wilkinson, Jr. granted in part and denied in part the defendants’ motion to compel, granting the defendants’ requests for the plaintiffs to produce construction schedules in native format, to identify responsive materials already produced to other specified defendants’ requests and to provide a privilege log for any documents withheld based on privilege to those requests. Judge Wilkinson denied the defendants’ request for attorney’s fees and other expenses incurred in connection with the defendants’ motion.

read more
Today is the Day to “Master” Your Knowledge of eDiscovery in Washington DC for 2018: eDiscovery Trends
 Today is the Day to “Master” Your Knowledge of eDiscovery in Washington DC for 2018: eDiscovery Trends 423 363 CloudNine

It’s here! Today is the start of the The Master’s Conference DC event! It’s almost two days of educational sessions covering a wide range of topics! If you’re in the DC area, it’s not too late to attend!

read more