Our Insights on eDiscovery

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eDiscovery Business Confidence Takes a Major Spring Forward: eDiscovery Trends
 eDiscovery Business Confidence Takes a Major Spring Forward: eDiscovery Trends 438 193 CloudNine

Get it? The Complex Discovery eDiscovery Business Confidence Survey is into its third year and the results are in for the Spring 2018 eDiscovery Business Confidence Survey! The results for the Spring 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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Webcast: Looking to the Future with CloudNine, Concordance and LAW PreDiscovery (May 17, 2018)
 Webcast: Looking to the Future with CloudNine, Concordance and LAW PreDiscovery (May 17, 2018) 150 150 CloudNine

CloudNine recently acquired the Concordance, LAW PreDiscovery and Early Data Analyzer platforms. So, who is CloudNine, why did they acquire these products and what is their vision for them going forward? This presentation and technology demonstration led by CloudNine Vice President and eDiscovery Daily Blog author Doug Austin will provide attendees an overview of CloudNine and its capabilities and how the newly acquired products fit into the vision for the future of eDiscovery technology at CloudNine.

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Webcast: Looking to the Future with CloudNine, Concordance and LAW PreDiscovery (May 8, 2018)
 Webcast: Looking to the Future with CloudNine, Concordance and LAW PreDiscovery (May 8, 2018) 150 150 CloudNine

CloudNine recently acquired the Concordance, LAW PreDiscovery and Early Data Analyzer platforms. So, who is CloudNine, why did they acquire these products and what is their vision for them going forward? This presentation and technology demonstration led by CloudNine Vice President and eDiscovery Daily Blog author Doug Austin will provide attendees an overview of CloudNine and its capabilities and how the newly acquired products fit into the vision for the future of eDiscovery technology at CloudNine.

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Webcast: Looking to the Future with CloudNine, Concordance and LAW PreDiscovery (May 2, 2018)
 Webcast: Looking to the Future with CloudNine, Concordance and LAW PreDiscovery (May 2, 2018) 150 150 CloudNine

CloudNine recently acquired the Concordance, LAW PreDiscovery and Early Data Analyzer platforms. So, who is CloudNine, why did they acquire these products and what is their vision for them going forward? This presentation and technology demonstration led by CloudNine Vice President and eDiscovery Daily Blog author Doug Austin will provide attendees an overview of CloudNine and its capabilities and how the newly acquired products fit into the vision for the future of eDiscovery technology at CloudNine.

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Judge Recommends Jury Decision on Impact of Spoliation of Emails: eDiscovery Case Law
 Judge Recommends Jury Decision on Impact of Spoliation of Emails: eDiscovery Case Law 479 270 CloudNine

In BankDirect Capital Fin., LLC v. Capital Premium Fin., Inc., Illinois Magistrate Judge Jeffrey Cole recommended that the court follow the decision in Cahill v. Dart and “allow the appropriate evidence to be presented to the jury” to enable it to determine the “impact, if any, the non-production of the challenged emails has on the merits of the parties’ claims”. If the court was not inclined to let the matter go to the jury, Judge Cole recommended that the court give a permissive spoliation instruction to the jury informing them of the destruction of the requested emails and that they could consider the deletion of the emails to be evidence in considering claims and counter-claims of the parties.

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Here’s the Latest Buyers Guide for Everything “eDisclosure”: eDiscovery Trends
 Here’s the Latest Buyers Guide for Everything “eDisclosure”: eDiscovery Trends 227 322 CloudNine

How many suppliers of eDiscovery (“eDisclosure”) software and services are there? At least 98. How do I know that? I know that because that’s how many suppliers Andrew Haslam lists in the eDisclosure Systems Buyers Guide – 2018 Edition.

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Why Is TAR Like a Bag of M&M’s?, Part Four: eDiscovery Best Practices
 Why Is TAR Like a Bag of M&M’s?, Part Four: eDiscovery Best Practices 432 322 CloudNine

So where does this leave us? The idea behind TAR – that technology can help improve the eDiscovery process – is a valuable goal. But figuring out what pieces of technology to apply at what point in the workflow is not so easy, especially when the experts disagree as to the best methodology.

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CLOUD Act Renders Supreme Court Decision in the Microsoft Case Moot: eDiscovery News
 CLOUD Act Renders Supreme Court Decision in the Microsoft Case Moot: eDiscovery News 428 600 CloudNine

The Supreme Court heard arguments on February 27th over Microsoft’s ongoing data privacy case involving email stored in Microsoft datacenter in Ireland. Supposedly, according to reports from those attending, the justices didn’t seem swayed by Microsoft’s claims that data stored overseas should not be accessible to government prosecutors. However, Congress has since passed the CLOUD (Clarifying Lawful Overseas Use of Data) Act. Parties on all sides of the case expected the passage of the CLOUD Act to render the Microsoft case moot. And, they were right.

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Why Is TAR Like a Bag of M&M’s?, Part Three: eDiscovery Best Practices
 Why Is TAR Like a Bag of M&M’s?, Part Three: eDiscovery Best Practices 432 322 CloudNine

Before you think about using more advanced technology, here are some other tools to consider using first, some operational cautions to keep in mind and when you may not want to use TAR.

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Getting Off the Sidelines and into the Game using Technology Assisted Review: eDiscovery Webcasts
 Getting Off the Sidelines and into the Game using Technology Assisted Review: eDiscovery Webcasts 371 210 CloudNine

The use of Technology Assisted Review (TAR) has been accepted in the courts for several years, but most lawyers still don’t use it and many still don’t know what it is or how it works. Why not? We will discuss this and other questions in a webcast next week.

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