Our Insights on eDiscovery

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Law Firms and the Billable Hour – The Debate Continues: eDiscovery Trends
 Law Firms and the Billable Hour – The Debate Continues: eDiscovery Trends 219 284 CloudNine

Over four years ago, I asked the question of whether it’s time to ditch the per hour model for document review. Back then, I referenced an overbilling situation discussed in an article by a law firm that was recently in the news for a ransomware issue. But, the debate continues – should law firms still use the billable hour?

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Court Limits Burden for Defendant to Search Loan Numbers, Splits Costs Between Parties: eDiscovery Case Law
 Court Limits Burden for Defendant to Search Loan Numbers, Splits Costs Between Parties: eDiscovery Case Law 479 270 CloudNine

In Phoenix Light SF Ltd. v. Deutsche Bank Nat’l Trust Co., New York Magistrate Judge Debra Freeman granted the plaintiffs’ motion to compel in part, ordering the defendant to search for 16,000 loan numbers proposed by the plaintiffs’ and ordered the parties to split the costs for performing the searches.

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DOJ Asks SCOTUS to Take on Microsoft Case and Verizon Suffers its own Data Breach: eDiscovery Trends
 DOJ Asks SCOTUS to Take on Microsoft Case and Verizon Suffers its own Data Breach: eDiscovery Trends 428 600 CloudNine

Remember the Microsoft Ireland Warrant case, where the Second Circuit reversed earlier rulings and denied the government’s efforts to compel Microsoft to provide emails in that case? It may not be over yet. And, millions of Verizon customer records have been exposed in a security lapse.

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The ABA Journal “Blawg 100” is Different This Year: eDiscovery Trends
 The ABA Journal “Blawg 100” is Different This Year: eDiscovery Trends 334 328 CloudNine

For the past several years, the ABA Journal has published a list of the 100 best legal blogs. They are requesting input again this year, but, with a twist. This year, they are expanding the scope of their annual year-end feature beyond legal blogs to also include the best of lawyers’ websites, podcasts and social media. As a result, they’re renaming it the ABA Journal Web 100.

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Court Rules Decisively in Battle Between eDiscovery Providers Over Hired Sales Agents: eDiscovery Case Law
 Court Rules Decisively in Battle Between eDiscovery Providers Over Hired Sales Agents: eDiscovery Case Law 479 270 CloudNine

In a lawsuit filed by DTI against LDiscovery and four former sales agents of DTI who were hired by LDiscovery, claiming they misappropriated trade secrets, interfered with client relationships and breached their contracts, an opinion provided by New York District Judge Jed S. Rakoff last week detailed his rejection of all arguments by DTI that led to his denial of a motion for a preliminary injunction on June 16.

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Is the eDiscovery Business “Tide” Rising or Falling?: eDiscovery Trends
 Is the eDiscovery Business “Tide” Rising or Falling?: eDiscovery Trends 334 328 CloudNine

In eDiscovery business, are you swept away with optimism or feeling under water? Voice your opinion in the latest quarterly eDiscovery Business Confidence Survey! This time, it’s the Summer 2017 eDiscovery Business Confidence Survey created by Rob Robinson and conducted on his terrific Complex Discovery site. It’s the second year of the quarterly survey and we’ve covered every round of the survey so far. Now, it’s time for the Summer 2017 Survey!

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Here’s a Chance to Learn How Recent eDiscovery Case Law Has Affected Your Organization: eDiscovery Trends
 Here’s a Chance to Learn How Recent eDiscovery Case Law Has Affected Your Organization: eDiscovery Trends 368 208 CloudNine

The best predictor of future behavior is relevant past behavior. Nowhere is that truer than with legal precedents set by past case law decisions, especially when it relates to eDiscovery best practices. Are you aware of recent case law decisions related to eDiscovery best practices and what that those decisions mean to your organization?

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Sure, No Keyword Before TAR, But What About Keyword Instead of TAR?: eDiscovery Best Practices
 Sure, No Keyword Before TAR, But What About Keyword Instead of TAR?: eDiscovery Best Practices 341 343 CloudNine

Last month, we discussed whether to perform keyword search culling before performing Predictive Coding/Technology Assisted Review (TAR) and, like many have concluded before (even a judge in FCA US, LLC v. Cummins, Inc.), we agree that you shouldn’t perform keyword search culling before TAR. But, should TAR be performed instead of keyword search – in all cases? Is TAR always preferable to keyword search?

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Webcast: Key eDiscovery Case Law Review for First Half of 2017 (July 26, 2017)
 Webcast: Key eDiscovery Case Law Review for First Half of 2017 (July 26, 2017) 150 150 CloudNine

This CLE-approved webcast session will cover key case law covered by the eDiscovery Daily blog related to eDiscovery for the first half of 2017.

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Court Declines to Impose Sanctions for Failure to Preserve Web History: eDiscovery Case Law
 Court Declines to Impose Sanctions for Failure to Preserve Web History: eDiscovery Case Law 479 270 CloudNine

In Eshelman v. Puma Biotechnology, Inc., North Carolina Magistrate Judge Robert B. Jones, Jr., among other rulings, denied the plaintiff’s motion for an order permitting a jury instruction in response to the defendant’s failure to preserve certain internet web browser and search histories, concluding that the plaintiff “is not entitled to a sanction pursuant to Rule 37(e)(1)” and that the plaintiff “is not entitled to an adverse jury instruction as a sanction pursuant to Rule 37(e)(2).”

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