Our Insights on eDiscovery

In California, Data Privacy Foresight is 2020: Data Privacy Trends

July 6, 2018

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.

The Sedona Conference Has You Primed to Learn Best Practices for Handling Social Media: eDiscovery Best Practices

July 5, 2018

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.

Learn How eDiscovery Case Law from Earlier This Year Can Guide You in Future Cases: eDiscovery Webcasts

July 3, 2018

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?

At Long Last, Apple v. Samsung is Finally Over: eDiscovery Trends

July 2, 2018

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.

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

June 29, 2018

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.

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

June 28, 2018

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.

Facial Recognition Software Coming to an Airport Near You: eDiscovery Trends

June 27, 2018

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).

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

June 26, 2018

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.

Litigate or Settle? Info You Need to Make Case Decisions: eDiscovery Best Practices

June 25, 2018

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.

Attention Houstonians! Come “Wine” about eDiscovery with ACEDS: eDiscovery Socialization

June 22, 2018

I’ve told several people that some of my best posts come after a couple of glasses of wine (at least they look great to me!), but I don’t usually get to write about wine in the actual blog. This is one of those rare times.