Our Insights on eDiscovery

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EDRM Needs Your Input on its TAR Guidelines: eDiscovery Best Practices
 EDRM Needs Your Input on its TAR Guidelines: eDiscovery Best Practices 189 111 CloudNine

I’m here in Durham, NC at the annual EDRM Spring Workshop at Duke Law School and, as usual, the Workshop is a terrific opportunity to discuss the creation of standards and guidelines for the legal community, as well as network with like minded people on eDiscovery topics. I’ll have more to report about this year’s Workshop next week. But, one part of the Workshop that I will touch on now is the release of the public comment version of EDRM’s Technology Assisted Review (TAR) Guidelines.

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eDiscovery for the Rest of Us: eDiscovery Best Practices, Part Four
 eDiscovery for the Rest of Us: eDiscovery Best Practices, Part Four 340 309 CloudNine

The EDna challenge was revived in 2016, with new parameters and eDiscovery providers once again responded with their abilities to provide a cost-effective solution. So, where do we stand on the ability of eDiscovery providers to provide cost effective solutions “for the rest of us”? Let’s take a look.

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Judge’s Ruling on Scope Under Rule 26 Brings a Mixed Bag of Motions Granted and Denied: eDiscovery Case Law
 Judge’s Ruling on Scope Under Rule 26 Brings a Mixed Bag of Motions Granted and Denied: eDiscovery Case Law 479 270 CloudNine

In TMJ Grp., LLC v. IMCMV Holdings, Louisiana Magistrate Judge Janis van Meerveld ruled on Motions to Compel by both parties, both of which were granted in part and denied in part.

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Fourth Circuit Rules that Warrantless Cell Phone is Warranted: Data Privacy Trends
 Fourth Circuit Rules that Warrantless Cell Phone is Warranted: Data Privacy Trends 500 375 CloudNine

Don’t let my cute title confuse you. In this case, the Fourth Circuit issued an interesting decision regarding whether a warrant is required to search an individual’s cell phone.

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Here’s One Way to Comply with GDPR – Block All EU Users: Data Privacy Trends
 Here’s One Way to Comply with GDPR – Block All EU Users: Data Privacy Trends 339 331 CloudNine

Believe it or not, Europe’s General Data Protection Regulation (GDPR) is set to go into effect in one just one week(!), on May 25th. Many organizations are scrambling to comply with the new regulation and a lot of them won’t have compliance sorted out in the next week. As a result, some companies have realized it’s just too much of a hassle and decided to block all access to EU users.

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Former Employee Sanctioned for Lying Under Oath, Destruction of ESI: eDiscovery Case Law
 Former Employee Sanctioned for Lying Under Oath, Destruction of ESI: eDiscovery Case Law 479 270 CloudNine

In Heggen v. Maxim Healthcare Servs., Inc., Indiana Magistrate Judge Susan Collins ruled that the plaintiff’s destruction of requested cellphone recordings, as well as lying under oath, were sanctionable under FRCP Rule 37.

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eDiscovery for the Rest of Us: eDiscovery Best Practices
 eDiscovery for the Rest of Us: eDiscovery Best Practices 340 309 CloudNine

With the high number of eDiscovery vendors and the huge amount of ED conferences, webinars and seminars, you might ask why we would talk about eDiscovery for “the rest of us”. eDiscovery was initially seen as the exclusive domain of large firms with large cases in Federal court. But the fact is that firms of all sizes now must know how to handle electronic discovery efficiently and cost-effectively. But, can firms find the technology they need to handle the smaller cases cost effectively?

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Could We Be Close to a Second State to Approve a Technology CLE Requirement?: eDiscovery Trends
 Could We Be Close to a Second State to Approve a Technology CLE Requirement?: eDiscovery Trends 338 290 CloudNine

In 2016, Florida became the first state to mandate technology training for lawyers, when it adopted a rule requiring lawyers to complete three hours of CLE every three years “in approved technology programs.” We covered it here. That requirement went into effect on January 1, 2017 and CloudNine has certainly been providing several CLE courses that are technology approved in Florida. We’ve been wondering when a second state was going to follow suit and we may be close to an answer.

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A Fresh Comparison of TAR and Keyword Search: eDiscovery Best Practices
 A Fresh Comparison of TAR and Keyword Search: eDiscovery Best Practices 341 338 CloudNine

Bill Dimm of Hot Neuron is one of the smartest men I know about technology assisted review (TAR). So, I’m always interested to hear what he has to say about TAR, how it can be used and how effective it is when compared to other methods (such as keyword searching). His latest blog post on the Clustify site talk about an interesting exercise that did exactly that: compared TAR to keyword search in a real classroom scenario.

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Former Football Players Sanctioned for Failure to Produce: eDiscovery Case Law
 Former Football Players Sanctioned for Failure to Produce: eDiscovery Case Law 479 270 CloudNine

In Michael E. Davis, et al. v. Electronic Arts, Inc., California Magistrate Judge Donna M. Ryu ruled that the plaintiff’s failure to fully comply with the discovery requests by the defendant were sanctionable under FRCP Rule 37, which states, “Such sanctions may include ordering a party to pay the reasonable expenses, including attorneys’ fees, caused by its failure to comply with the order or rule.”

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