Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.

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

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 Rules Decisively in Battle Between eDiscovery Providers Over Hired Sales Agents: eDiscovery Case Law

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

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

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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Court Declines to Impose Sanctions for Failure to Preserve Web History: eDiscovery Case Law

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

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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