Our Insights on eDiscovery

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TAR Rules for the New York Commercial Division: eDiscovery Trends
 TAR Rules for the New York Commercial Division: eDiscovery Trends 428 600 CloudNine

File this one under stories I missed until yesterday. We’ve seen plenty of cases where the use of Technology Assisted Review (TAR) has been approved and even one this year where a protocol for TAR was ordered by the court. But, here is a case of a jurisdiction that has proposed and adopted a rule to encourage use of the most efficient means to review documents, including TAR.

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Court Denies Defendant’s Motion for Protective Order in Broiler Chicken Case: eDiscovery Case Law
 Court Denies Defendant’s Motion for Protective Order in Broiler Chicken Case: eDiscovery Case Law 479 270 CloudNine

In the In re Broiler Chicken Antitrust Litigation, Illinois Magistrate Judge Jeffrey T. Gilbert denied defendant Agri Stats’ Motion for Protective Order, ruling the defendant “Has Not Made a Threshold Showing” that the information requested by the End User Consumer Plaintiffs (“EUCPs”) was not reasonably accessible because of undue burden or cost (and even if they had, the EUCPs had shown good cause for requesting custodial searches of ESI for the entire time frame set forth in the ESI Protocol) and that Agri Stats “Does Not Satisfy the Rule 26(b)(2)(C) Factors” to limit discovery.

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Investment is Changing the eDiscovery Market as We Speak: eDiscovery Trends
 Investment is Changing the eDiscovery Market as We Speak: eDiscovery Trends 219 284 CloudNine

Yesterday, we talked about how eDiscovery business confidence seems to tend to take a downturn every summer. But, when it comes to private equity firms’ investment in eDiscovery companies, eDiscovery business confidence seems to be stronger than ever.

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Has eDiscovery Business Confidence Hit the Summertime Blues?: eDiscovery Trends
 Has eDiscovery Business Confidence Hit the Summertime Blues?: eDiscovery Trends 497 505 CloudNine

As the late, great Eddie Cochran would say (and sing), “there ain’t no cure for the summertime blues”. The Complex Discovery eDiscovery Business Confidence Survey is into its third year and the results are in for the Summer 2018 eDiscovery Business Confidence Survey! As was the case for the 2016 surveys, the 2017 surveys and the 2018 Winter and Spring surveys, the results for the Summer survey are published on Rob Robinson’s terrific Complex Discovery site. How confident are individuals working in the eDiscovery ecosystem in the business of eDiscovery? Let’s see.

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ILTACON 2018 Preview Edition: eDiscovery Trends
 ILTACON 2018 Preview Edition: eDiscovery Trends 792 223 CloudNine

Believe it or not, it’s almost time for another ILTACON! ILTACON is the annual conference for the International Legal Technology Association (ILTA). This year, it’s the 41st annual conference and it’s being held at the Gaylord National Resort and Conference Center at National Harbor, MD from August 19 to August 23. eDiscovery Daily will once again be covering the show and CloudNine will exhibiting at the show and participating in a major way. If you’re going to be in the Washington DC/National Harbor area, you may want to check out a few of these sessions regarding eDiscovery and Information Governance.

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Even with Bad Communication and Unfulfilled Discovery Obligations, Sanctions Still Not Granted: eDiscovery Case Law
 Even with Bad Communication and Unfulfilled Discovery Obligations, Sanctions Still Not Granted: eDiscovery Case Law 532 353 CloudNine

In US v SuperValu, Illinois District Judge Richard Mills ruled against sanctions requested by the defendants at this time, even though the relators didn’t “live up to their discovery obligations.”

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Court Rules Non-Party Subpoenaed ESI Not Subject to 100-Mile Boundary: eDiscovery Case Week
 Court Rules Non-Party Subpoenaed ESI Not Subject to 100-Mile Boundary: eDiscovery Case Week 532 353 CloudNine

In Curtis v. Progressive N. Ins. Co., Oklahoma District Judge Robin J. Cauthron, noting that the non-party “subpoena at issue does not require the travel or attendance of any witnesses and Plaintiff is requesting the production of electronic documents”, found that “there is no violation of the 100-mile limitation for electronic documents pertaining to Rule 54” and granted the plaintiff’s Motion to Compel Compliance with Subpoena directed to the non-party.

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Today is the Day to Learn How eDiscovery Case Law from Earlier This Year Can Guide You in Future Cases: eDiscovery Case Week
 Today is the Day to Learn How eDiscovery Case Law from Earlier This Year Can Guide You in Future Cases: eDiscovery Case Week 532 353 CloudNine

eDiscovery Case Week continues during The Discovery Channel’s Shark Week (that’s the other discovery)! Legal precedents set by past case law decisions remain one of the best ways to guide lawyers on how to do their job and avoid mistakes made by others, especially when it relates to eDiscovery best practices. Are you aware of recent case law decisions related to eDiscovery best practices and what that those decisions mean to your organization? Get up to date today!

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Litigate or Settle? Info You Need to Make Case Decisions (August 29, 2018)
 Litigate or Settle? Info You Need to Make Case Decisions (August 29, 2018) 150 150 CloudNine

This CLE-approved webcast will discuss how litigation has evolved over the years, how that impacts discovery and what you need to know to decide on the best course of action for each case.

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SCOTUS Says Warrantless Access of Cell Phone Locations Violates Fourth Amendment: eDiscovery Case Week
 SCOTUS Says Warrantless Access of Cell Phone Locations Violates Fourth Amendment: eDiscovery Case Week 532 353 CloudNine

In Carpenter v. U.S., The United States Supreme Court (SCOTUS) held, in a 5–4 decision authored by Chief Justice Roberts, that the government violates the Fourth Amendment to the United States Constitution by accessing historical records containing the physical locations of cellphones without a search warrant.

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