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

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

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

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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Has eDiscovery Business Confidence Hit the Summertime Blues?: eDiscovery Trends

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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