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 Vacates Order Requiring Defendant to Review and Produce as Much as Three Million Emails: eDiscovery Case Law
 Court Vacates Order Requiring Defendant to Review and Produce as Much as Three Million Emails: eDiscovery Case Law 479 270 CloudNine

In Nece v. Quicken Loans, Inc., Florida District Judge Steven D. Merryday sustained the defendant’s objection to an order requiring the defendant to produce all documentation related to do-not-call requests received between September 2012 and June 2013 and also required the plaintiff to move for class certification by April 13.

read more
In California, Data Privacy Foresight is 2020: Data Privacy Trends
 In California, Data Privacy Foresight is 2020: Data Privacy Trends 291 326 CloudNine

2018 is certainly on its way to becoming the year of data privacy rights for the individual. Barely over a month after the General Data Protection Regulation (GDPR) came into effect in the European Union, California has passed a new data privacy law which will give consumers the right to obtain data collected about them, the right to request deletion of the data, and the right to direct a business not to sell the information to third parties.

read more
The Sedona Conference Has You Primed to Learn Best Practices for Handling Social Media: eDiscovery Best Practices
 The Sedona Conference Has You Primed to Learn Best Practices for Handling Social Media: eDiscovery Best Practices 428 600 CloudNine

As Tom O’Connor and I discussed in our webcast last month, handling social media in discovery can be challenging. Now, The Sedona Conference® (TSC) has updated a primer to help with social media issues.

read more
Learn How eDiscovery Case Law from Earlier This Year Can Guide You in Future Cases: eDiscovery Webcasts
 Learn How eDiscovery Case Law from Earlier This Year Can Guide You in Future Cases: eDiscovery Webcasts 532 353 CloudNine

Legal precedents set by past case law decisions remain one of the best ways to guide lawyers on how to do their job, especially when it relates to eDiscovery best practices. Case law examples help lawyers avoid mistakes made by others, as well as saving time and money for their clients. Are you aware of recent case law decisions related to eDiscovery best practices and what that those decisions mean to your organization?

read more
At Long Last, Apple v. Samsung is Finally Over: eDiscovery Trends
 At Long Last, Apple v. Samsung is Finally Over: eDiscovery Trends 479 270 CloudNine

Without a doubt, the case that has generated more eDiscovery Daily blog posts than any other over our nearly eight years of existence has been the Apple v. Samsung case. We published at least fifteen posts regarding the case since 2012 and could have easily published more – if there were more notable eDiscovery issues to discuss. Now, finally – quietly – it’s all over.

read more
Litigate or Settle? Info You Need to Make Case Decisions: eDiscovery Best Practices, Part Four
 Litigate or Settle? Info You Need to Make Case Decisions: eDiscovery Best Practices, Part Four 499 499 CloudNine

The litigation world has changed dramatically in the past fifty years. In 1962, 11.5% of federal civil cases were disposed of by trial. By 2002, that figure had plummeted to 1.8% despite a five-fold increase in the number of civil filings. But is eDiscovery the culprit? Let’s take a look.

read more
Litigate or Settle? Info You Need to Make Case Decisions: eDiscovery Best Practices, Part Three
 Litigate or Settle? Info You Need to Make Case Decisions: eDiscovery Best Practices, Part Three 499 499 CloudNine

So where does eDiscovery fall in this discussion? Where does it fall in the list of factors noted above which influence the decline of trials? How do we use eDiscovery to decide if a case should be settled? Let’s take a look.

read more
Facial Recognition Software Coming to an Airport Near You: eDiscovery Trends
 Facial Recognition Software Coming to an Airport Near You: eDiscovery Trends 499 313 CloudNine

Air travelers have already become accustomed to standing in the brightly painted footprints at security checkpoints and raising their arms in order to be scanned, but this month in Orlando, a new type of scan is taking place. Last month, Geneva-based tech company SITA installed cameras with facial recognition software at the Orlando International Airport in conjunction with British Airways and U.S. Customs and Border Protection (CBP).

read more
Litigate or Settle? Info You Need to Make Case Decisions: eDiscovery Best Practices, Part Two
 Litigate or Settle? Info You Need to Make Case Decisions: eDiscovery Best Practices, Part Two 499 499 CloudNine

In modern litigation history, there are several reasons for the decrease in the number of cases going to trial, let’s take a look at some of them.

read more
Litigate or Settle? Info You Need to Make Case Decisions: eDiscovery Best Practices
 Litigate or Settle? Info You Need to Make Case Decisions: eDiscovery Best Practices 499 499 CloudNine

I have heard a great deal of anecdotal discussion lately about fewer and fewer cases going to trial, with an implied criticism that the cost of eDiscovery is somehow at the root of this phenomenon. Indeed, the national decline in trials, both criminal and civil, has been noted in law journal articles, bar association studies and judicial opinions. I decided to investigate both of these statements and was surprised by what I found. First, the decrease in cases going to trial is nothing new and in fact far pre-dates the eDiscovery changes to the FRCP. Second, there are several clear reasons for this decline, all unrelated to any eDiscovery issues.

read more