Our Insights on eDiscovery

Here’s a Chance to Keep What Could Go Wrong from Going Wrong: eDiscovery Best Practices

November 14, 2017

As data complexity, discovery costs, and regulatory challenges increase in volume and impact, the pulse rate of publicly highlighted eDiscovery mistakes continues to build. While these mistakes are unfortunate for those who experienced them, they can be beneficial to the rest of us in highlighting mistakes you can avoid in your own cases. Here’s your chance to learn from their mistakes and keep what could go wrong from going wrong.

Does this Ring a Bell? Court Orders Plaintiff’s Quick Peek Over Defendant’s Objections: eDiscovery Case Law

November 13, 2017

In Fairholme Funds, Inc. v. United States, Judge Margaret M. Sweeney, despite the defendant’s strong objection, granted the plaintiffs’ motion to compel a “quick peek” production of approximately 1,500 documents withheld as privileged pursuant to the bank authorization and deliberative process privileges.

Addressing the Inconsistent Email Address: eDiscovery Best Practices

November 10, 2017

I recently had a client who was trying to search a fairly sizable archive in CloudNine (about 2.75 TB comprised of several million documents) and searching for emails to and from a given custodian. That search proved a little more challenging than expected due to a legacy Microsoft Exchange attribute. Let’s take a look at that scenario, substituting a generic email address.

Facebook Wants You to Send Them Your Naked Pictures to Prevent Revenge Porn. I’m Not Kidding: Data Privacy Trends

November 9, 2017

It sounds crazy, right? Facebook wants you to stop worrying about your nudes being shared without your consent by actually sending it your nude photos. It may not be crazy as it sounds.

Court Chastises Parties for Turning Case into a “Discovery Slugfest”: eDiscovery Case Law

November 8, 2017

In UnitedHealthcare of Fla., Inc. et al. v. Am. Renal Assoc., Inc. et al., Florida Magistrate Judge William Matthewman granted in part and denied in part the plaintiffs’ Motion for Reconsideration or Modification of Omnibus Discovery Order, clarifying the Court’s previous order regarding custodians and search terms, while denying the remainder of the plaintiff’s motion. Judge Matthewman also chastised both parties for their lack of cooperation on search terms.

It’s NOT a Small World (After All) at the Masters Conference in Orlando: eDiscovery Trends

November 7, 2017

If you’re going to be in the Orlando area next Tuesday, November 14, join me and other legal technology experts and professionals at The Master’s Conference Orlando event. It’s a full day of educational sessions covering a wide range of topics!

Is VC Investment in the Legal Tech Market on the Decline?: eDiscovery Trends

November 6, 2017

Last week, we took a look at whether the eDiscovery market is growing, shrinking or shifting. This week, let’s take a look at whether venture capital investment in the legal tech market is rising or falling.

Welcoming a New Blog and a New Champ: eDiscovery Trends

November 3, 2017

OK, I admit that only one of these topics is completely about eDiscovery – the other is somewhat about eDiscovery, sort of…

Is the eDiscovery Market Growing or Shrinking? Or Maybe SHIFTING?: eDiscovery Trends

November 2, 2017

If you look at the number of eDiscovery companies that have been merged or acquired over the past couple of years, you might think that the market is shrinking. On the other hand, if you look at the number of venture capital firms investing in the industry and the number of new startups, you might think that the market is growing. So, which is it?

After Objection, No Waiver of Privilege for Putting Information on File Share Site without Protection: eDiscovery Case Law

November 1, 2017

In Harleysville Insurance Co. v. Holding Funeral Home, Inc., No. 1:15cv00057 (W.D. Va. Oct. 2, 2017), Virginia District Judge James P. Jones sustained the plaintiff’s objections to the Magistrate Court […]