Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.
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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests: eDiscovery Case Law
 Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests: eDiscovery Case Law 479 270 CloudNine

In Wal-Mart Stores, Inc. et. al. v. Texas Alcoholic Beverages Commission, et. al., Texas Magistrate Judge Andrew W. Austin (no relation) denied the defendant’s motion to overrule the plaintiff’s objections to the defendant’s discovery requests, due to the fact that the plaintiff stated it was withholding documents based on each of the objections.

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“Master” Your Knowledge of eDiscovery With This Conference in Chicago Today: eDiscovery Trends
 “Master” Your Knowledge of eDiscovery With This Conference in Chicago Today: eDiscovery Trends 383 322 CloudNine

For the second year in a row, I’m participating in The Master’s Conference 2017 Chicago event, which happens to be today. If you’re in the Chicago area today, join me and other legal technology experts and professionals at The Master’s Conference event for a full day of educational sessions covering a wide range of topics!

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The Tenth Annual eDiscovery Training Academy at Georgetown Law is Next Month: eDiscovery Best Practices
 The Tenth Annual eDiscovery Training Academy at Georgetown Law is Next Month: eDiscovery Best Practices 227 322 CloudNine

I’ve been remiss in not covering this before now, but the 10th Annual eDiscovery Training Academy will be coming up in a couple of weeks at the Georgetown University Law Center. If you want a really in-depth training course with highly respected and knowledgeable instructors, this is as good a course as there is.

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Is Pricing Transparency Finally Happening in eDiscovery?: eDiscovery Trends
 Is Pricing Transparency Finally Happening in eDiscovery?: eDiscovery Trends 342 343 CloudNine

An age old issue in eDiscovery has been understanding and comparing pricing between various vendors and service providers. It’s the old “apples vs. oranges” comparison when considering pricing. A new article, which references a terrific benchmark test, may show that pricing transparency by at least two eDiscovery providers may be finally helping put eDiscovery pricing on common ground.

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Reporting From the EDRM-Duke Law 2017 Spring Workshop: eDiscovery Best Practices
 Reporting From the EDRM-Duke Law 2017 Spring Workshop: eDiscovery Best Practices 480 640 CloudNine

This week, EDRM held its first Spring Workshop since it was acquired by Duke Law last August, which means this was the first workshop held at the Duke campus in Durham, North Carolina and it was unique in several ways. Here are a few of highlights from the workshop.

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Court Says Rule 37(e) Doesn’t Apply When Recording Was Intentionally Deleted: eDiscovery Case Law
 Court Says Rule 37(e) Doesn’t Apply When Recording Was Intentionally Deleted: eDiscovery Case Law 479 270 CloudNine

In Hsueh v. N.Y. State Dep’t of Fin. Services, New York District Judge Paul A. Crotty relied upon inherent authority to impose sanctions and determined “that an adverse inference is the appropriate remedy” for the plaintiff’s deletion of a recorded conversation with an HR representative, agreeing with the defendants that “Rule 37(e) applies only to situations where ‘a party failed to take reasonable steps to preserve’ ESI; not to situations where, as here, a party intentionally deleted the recording.”

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Ransomware Makes You Wanna Cry: Cybersecurity Trends
 Ransomware Makes You Wanna Cry: Cybersecurity Trends 341 341 CloudNine

This must be our month for ransomware stories. Unless you have been living under a rock for the past several days, you’ve undoubtedly heard about the WannaCry virus that has been attacking Microsoft© Windows machines without up to date security protections. If you have been living under a rock, allow me to provide some information here.

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It’s Not the Size That Matters, It’s What You Do With It: eDiscovery Best Practices
 It’s Not the Size That Matters, It’s What You Do With It: eDiscovery Best Practices 339 258 CloudNine

Get your minds out of the gutter – I’m talking about the size of your data collection. We certainly have talked a lot about the impact of Big Data and the Internet of Things on this blog as new challenges presented to today’s attorneys, and they are, but challenges have always existed for attorneys in managing data and documents in litigation. An article from last week reminds us that, regardless of how much data we’re dealing with or where it comes from, discovery is still about strategy.

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Webcast: Data, Discovery, and Decisions (ACEDS CloudNine Software Showcase)
 Webcast: Data, Discovery, and Decisions (ACEDS CloudNine Software Showcase) 150 150 CloudNine

This on-demand webcast provides an overview and demonstration of three CloudNine software offerings designed to extend and enhance legal discovery efforts of law firms and legal departments.

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Sedona Conference Commentary on Proportionality, Third Edition: eDiscovery Trends
 Sedona Conference Commentary on Proportionality, Third Edition: eDiscovery Trends 428 600 CloudNine

Within the first two months of this blog, way back in 2010, we posted a blog post about the original Commentary on Proportionality in Electronic Discovery from The Sedona Conference® (TSC), which is a project of The Sedona Conference Working Group on Electronic Document Retention & Production (WG1). Now, the third iteration of the Commentary has just been published.

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