Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.
Preparing for Litigation Before it Happens: eDiscovery Best Practices, Part Three
Preparing for Litigation Before it Happens: eDiscovery Best Practices, Part Three 518 539 CloudNine

Assuming a company wanted to begin an IG initiative, are there any general principles to follow? There are seven — thanks to ARMA International. Let’s take a look at them.

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The Sedona Conference Has Created New Principles on Defensible Disposition: eDiscovery Best Practices
The Sedona Conference Has Created New Principles on Defensible Disposition: eDiscovery Best Practices 428 600 CloudNine

It’s timely that we are currently running Tom O’Connor’s paper on Information Governance because The Sedona Conference® (TSC) has just published a paper on defensible disposition, which is a significant component of any good Information Governance program.

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Preparing for Litigation Before it Happens: eDiscovery Best Practices, Part Two
Preparing for Litigation Before it Happens: eDiscovery Best Practices, Part Two 518 539 CloudNine

Here we define not only what Information Governance is, but (just as importantly), what it is not.

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Court Grants Defendant’s Motion to Compel Various Records from Plaintiff in “Slip and Fall” Case: eDiscovery Case Law
Court Grants Defendant’s Motion to Compel Various Records from Plaintiff in “Slip and Fall” Case: eDiscovery Case Law 479 270 CloudNine

In Hinostroza v. Denny’s Inc., Nevada Magistrate Judge Nancy J. Koppe granted the defendant’s motion to compel discovery various sources of ESI related to the plaintiff’s claim of injuries resulting from a “slip and fall” accident at one of the defendant’s restaurants.

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Preparing for Litigation Before it Happens: eDiscovery Best Practices
Preparing for Litigation Before it Happens: eDiscovery Best Practices 518 539 CloudNine

Information Governance (IG) has always been part of the eDiscovery landscape but not always a large part. IG was originally important for reducing the population of potentially responsive electronically stored information (ESI) that might be subject to litigation by helping organizations adopt best practices for keeping their information “house in order”. But now with an increased concentration on the two-fold concerns of privacy and security, IG has become more important. In this paper, we’ll explore the implementation of Information Governance best practices to help organizations better prepare for litigation before it happens.

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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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