Our Insights on eDiscovery

Don’t Be “Chicken”! Consider Having a Good Protocol for Handling eDiscovery: eDiscovery Case Week

July 20, 2018

In the In re Broiler Chicken Antitrust Litigation, Illinois Magistrate Judge Jeffrey Gilbert appointed a special master (noted Technology Assisted Review expert Maura Grossman) to help the parties resolve eDiscovery disputes. Judge Gilbert and Special Master Grossman issued a very detailed procedure (Order Regarding Search Methodology for Electronically Stored Information) for how the parties were to conduct TAR, including search, validation and document sourcing approaches, split into three primary sections: (1) how the parties will act, (2) what search technologies will be used, and (3) an outline of a document review validation protocol.

Want to Learn More About the Sedona Conference Primer on Social Media? Check Out this Video: eDiscovery Best Practices

July 19, 2018

As we discussed earlier this month, The Sedona Conference® (TSC) and its Working Group 1 on Electronic Document Retention & Production (WG1) have announced the publication of the Public Comment Version of The Sedona Conference Primer on Social Media, Second Edition. Want to learn more about it without reading the 58 page PDF file? Check out this video.

Women in eDiscovery and South Texas College of Law Team Up for Another Houston Conference: eDiscovery Best Practices

July 18, 2018

Last year, I was honored to participate in the inaugural eDiscovery “Legal Technology Showcase & Conference” at South Texas College of Law in downtown Houston, hosted by the Women in eDiscovery (WiE), Houston Chapter. The event was such a success they’re doing it again this year!

Public or Private Isn’t the Only Question You Should be Asking about Cloud Solutions: eDiscovery Best Practices

July 17, 2018

In yesterday’s post detailing the discussion of industry experts regarding the adoption of cloud technology within the legal industry, several points of discussion were discussed, including the differentiation between “public cloud” and “private cloud”. It’s important to know the difference between the two implementations and why you might consider selecting one over the other (and what you need regardless of which one you select). But, public or private cloud isn’t the only question you should be asking about a cloud solution.

The Speed of Migration of Legal to the Cloud is Debatable: eDiscovery Trends

July 16, 2018

How fast is the legal industry moving to the cloud? And, what is holding some law firms back from migrating to the cloud? These and other questions were discussed in a recent online discussion among industry experts.

FTC Cracks Down on Privacy Shield Posers: Data Privacy Trends

July 13, 2018

Did you ever wonder what happens if a company falsely claims that they are certified compliant with either the EU-U.S. or Swiss-U.S. Privacy Shield framework? Or falsely claims that they are in the process of being certified compliant? Apparently, the Federal Trade Commission (FTC) gets on their case about it.

Court Rules Search Terms Overly Broad Under Rule 26 in Convertible Top Patent Case: eDiscovery Case Law

July 12, 2018

In Webastro Thermo & Comfort v. BesTop, Inc., Michigan Magistrate Judge R. Steven Whalen ruled in favor of the plaintiff’s protective order, requesting the narrowing of search terms for ESI production in this patent dispute.

ILTA Women in eDiscovery Interviews Show the Impact Women Make on our Profession: eDiscovery Trends

July 11, 2018

We’re just a little over a month away from ILTACON 2018, one of the most important conferences every year in the legal technology world. This year’s conference is at the Gaylord National Resort and Conference Center at National Harbor, MD. CloudNine will be exhibiting at the conference and I will be speaking at the conference! More on that to come later. But, a current series on the ILTA blog about Women in eDiscovery shows that ILTA is about a lot more than the annual ILTACON conference.

One ALSP Exits, Another Prepares to Enter: eDiscovery Trends

July 10, 2018

The topic of Alternative Legal Services Providers (ALSPs) is always an interesting one, with considerable discussion at this year’s Legaltech® New York conference and my colleague, Tom O’Connor, recently wrote a white paper on the topic for our blog. They can also be somewhat controversial. Looks like one existing ALSP is shutting down, while another one (coming soon) is promoting itself to be “Uber for lawyers”. Hmmm…

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

July 9, 2018

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.