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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Today’s the Day to Learn Why There Has Never Been a Better Time to Embrace eDiscovery: eDiscovery Trends
 Today’s the Day to Learn Why There Has Never Been a Better Time to Embrace eDiscovery: eDiscovery Trends 368 208 CloudNine

State of the art eDiscovery technology used to be only available to the largest law firms and corporations. Smaller firms and organizations were essentially priced out of the market and couldn’t afford the solutions that could be used by the “big boys” to manage their discovery workloads. Thankfully, times have changed – thanks to cloud-based, software-as-a-service (“SaaS”) automated solutions that have made full-featured eDiscovery solutions affordable for even small and solo firms. Today, you have an opportunity to find out how to take advantage of that.

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Anthem Agrees to Pay Over $100 Million to Settle Data Breach Lawsuit: Cybersecurity Trends
 Anthem Agrees to Pay Over $100 Million to Settle Data Breach Lawsuit: Cybersecurity Trends 340 342 CloudNine

One of the most notable data breaches in recent years was the one suffered by health insurer Anthem involving the personal information of nearly 80 million individuals. It looks like they are going to pay up big to make the class-action lawsuit that was filed in response to that massive data breach go away.

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Legal Right Supersedes Physical Possession When It Comes to Control of ESI, Court Rules: eDiscovery Case Law
 Legal Right Supersedes Physical Possession When It Comes to Control of ESI, Court Rules: eDiscovery Case Law 479 270 CloudNine

In First American Bankcard, Inc. v. Smart Business Technology, Inc., et. al., Louisiana Magistrate Judge Joseph C. Wilkinson, Jr. granted the Plaintiff’s Motion to Compel Discovery and for Reasonable Expenses against one of the defendants in “substantial part” with regard to interrogatories and requests for production of ESI within physical possession of the former owners of the defendant company, but denied in limited part with regard to the plaintiff’s request to take forensic imaging of the defendant company’s computer system, because “neither the relevance nor the proportionality of the forensic imaging sought by this request are readily apparent to the court”.

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We Get By With a Little Help From Our Friends: eDiscovery Trends
 We Get By With a Little Help From Our Friends: eDiscovery Trends 213 371 CloudNine

If you’re in or near my age bracket, you probably remember the similarly titled song by The Beatles (though I actually like the Joe Cocker version better – a rare Beatles re-make that could be argued to be better than the original). Feel free to debate me on that – after you’ve watched his Woodstock rendition. Anyway, for any provider working in eDiscovery today (whether law firm or eDiscovery software/service provider), there are instances where working with a partner just makes sense.

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This New Pilot Program Can Speed Up Discovery, Especially in Arizona and Illinois: eDiscovery Best Practices
 This New Pilot Program Can Speed Up Discovery, Especially in Arizona and Illinois: eDiscovery Best Practices 288 293 CloudNine

At its meeting in September of 2016, the Judicial Conference of the United States approved a pilot program to test procedures requiring mandatory initial discovery before the commencement of party-directed discovery in civil cases. Now, that pilot program – the Mandatory Initial Discovery Pilot Program – is already in use in Arizona and Illinois.

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
In a Second Case, Judge Specifies Search Terms for Parties to Use: eDiscovery Case Law
 In a Second Case, Judge Specifies Search Terms for Parties to Use: eDiscovery Case Law 479 270 CloudNine

In Abbott v. Wyoming Cty. Sheriff’s Office, New York Magistrate Judge Hugh B. Scott granted the plaintiff’s motion to compel and defendant’s cross-motion in part, ordering the defendant to perform additional production over a disputed time period, based on a list of search terms ordered by Judge Scott.

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

Ain’t no mountain high enough! Today, CloudNine is participating in The Master’s Conference 2017 Denver event. If you’re in the Denver area today, join my colleague Julia Romero Peter 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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Personnel, Not Technology the Biggest Factor Prohibiting Business Value from Long-Term Digital Info: eDiscovery Trends
 Personnel, Not Technology the Biggest Factor Prohibiting Business Value from Long-Term Digital Info: eDiscovery Trends 310 249 CloudNine

In this era of big data, an organization’s ability to govern and preserve digital information, especially long-term digital information, is key. Earlier this month, the Information Governance Initiative (IGI), working closely with IGI Supporter Preservica, provided a benchmark of the state of the industry on the critical issue of governing and preserving long-term digital information. Let’s take a look.

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Webcast: Pitfalls and Potholes to Avoid in Your eDiscovery Projects (ACEDS Update)
 Webcast: Pitfalls and Potholes to Avoid in Your eDiscovery Projects (ACEDS Update) 150 150 CloudNine

This webcast will discuss some of the most common “pitfalls” and “potholes” encountered during the discovery life cycle and how to address them to keep your discovery project on track.

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Court Grants Motion for Terminating Sanctions Against Defendants for Intentional Spoliation: eDiscovery Case Law
 Court Grants Motion for Terminating Sanctions Against Defendants for Intentional Spoliation: eDiscovery Case Law 479 270 CloudNine

In Omnigen Research et. al. v. Wang et. al., Oregon District Judge Michael J. McShane granted the plaintiffs’ Motion for Terminating Spoliation Sanctions and agreed to issue an Order of Default Judgment in favor of the plaintiffs (while dismissing the defendants’ counterclaims) due to the defendants’ intentional destruction of evidence on several occasions.

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