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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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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That Was Random: eDiscovery Best Practices
 That Was Random: eDiscovery Best Practices 334 266 CloudNine

This may be the shortest title ever in this history of this blog. In the first year of the blog’s existence (when we had a lot fewer subscribers and readers than we do now), we did a three part series on how to perform an iterative random sample of a search result set to evaluate the results. As we have discussed the topic recently in two webinars, I thought I would revisit it here for those who didn’t attend the webinars (though you can still check them out on demand) and weren’t readers of our blog back then.

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
With Ample Evidence of Bad Faith, Court Sanctions Defendant for Failure to Produce Documents: eDiscovery Case Law
 With Ample Evidence of Bad Faith, Court Sanctions Defendant for Failure to Produce Documents: eDiscovery Case Law 479 270 CloudNine

In CrossFit, Inc. v. Nat’l Strength and Conditioning Assn., California District Judge Janis L. Sammartino granted the plaintiff’s motion for several issue, evidentiary, and monetary sanctions, but denied the plaintiff’s request for terminating sanctions due to the defendant’s bad faith that resulted in the defendant’s failure to produce documents.

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For Those in Houston, Here’s a Terrific Conference Coming Up From WiE: eDiscovery Trends
 For Those in Houston, Here’s a Terrific Conference Coming Up From WiE: eDiscovery Trends 716 321 CloudNine

Whee! If you’re in Houston or will be on July 20 (three weeks from today), the Women in eDiscovery (WiE), Houston Chapter in partnership with South Texas College of Law will be hosting an all-day eDiscovery conference you can check out. Even better, it’s free to attend!

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