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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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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Over 80 Percent of Hacking Related Breaches Were Related to Password Issues: Cybersecurity Trends
 Over 80 Percent of Hacking Related Breaches Were Related to Password Issues: Cybersecurity Trends 341 341 CloudNine

I’ve referred to last year’s Verizon Data Breach Investigations Report (DBIR) in several webcasts lately (including this one) and realized that this year’s report should have already come out by now. Sure enough it has, about a month and a half ago. Let’s see what the findings are.

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Here’s an Opportunity to Learn How to Fix “Pitfalls” and “Potholes” in Your eDiscovery Project: eDiscovery Best Practices
 Here’s an Opportunity to Learn How to Fix “Pitfalls” and “Potholes” in Your eDiscovery Project: eDiscovery Best Practices 310 465 CloudNine

If you’ve ever managed a discovery project for litigation, investigations or audits, you know that “Murphy’s Law” dictates that a number of “pitfalls” and “potholes” can (and will) occur that can derail your project. Thanks to our friends at ACEDS, you can learn more about these “pitfalls” and “potholes” that you can encounter during the discovery life cycle from Information Governance to Production 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 Summary Judgment After Plaintiff’s Spoliation Motion Denied: eDiscovery Case Law
 Court Grants Summary Judgment After Plaintiff’s Spoliation Motion Denied: eDiscovery Case Law 479 270 CloudNine

In Taylor v. Thrifty Payless, Inc., d/b/a Rite-Aid, Oregon District Judge Marco A. Hernandez granted the defendant’s motion for summary judgment after denying the plaintiff’s request for spoliation sanctions against the defendant for failing to preserve store videos that were taken on the day of her slip and fall in the defendant’s store.

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If You’re a Small Firm, Learn Here Why There Has Never Been a Better Time to Embrace eDiscovery: eDiscovery Trends
 If You’re a Small Firm, Learn Here Why There Has Never Been a Better Time to Embrace eDiscovery: eDiscovery Trends 368 208 CloudNine

Until recently, state of the art eDiscovery technology was 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. 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. What do you need to do to take advantage of that? Find out here.

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The “Belt and Suspenders” Approach for Effective Communication: eDiscovery Best Practices
 The “Belt and Suspenders” Approach for Effective Communication: eDiscovery Best Practices 437 377 CloudNine

To be a good manager, you need to be a good communicator. It is so easy for miscommunications to occur that can derail your project and cause deadlines to be missed, or work product to be incomplete or not meet the client’s expectations. To avoid those (and to cover your behind if miscommunications do occur), use the “belt and suspenders” approach to communication.

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Despite Parties’ “Significant Animosity”, Court Orders Them to Meet and Confer: eDiscovery Case Law
 Despite Parties’ “Significant Animosity”, Court Orders Them to Meet and Confer: eDiscovery Case Law 479 270 CloudNine

In Elhannon LLC v. F.A. Bartlett Tree Expert Co., Vermont District Judge William K. Sessions, III granted in part and denied in part the plaintiff’s renewed motion to compel, denied motions for sanction by each party against the other, and ordered the parties to engage in further meet-and-confer efforts to narrow their differences on the appropriate scope of discovery.

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To Keyword Cull or Not to Keyword Cull? That is the Question: eDiscovery Trends
 To Keyword Cull or Not to Keyword Cull? That is the Question: eDiscovery Trends 341 338 CloudNine

We’re seeing a lot of discussion about whether to perform keyword searching before predictive coding. We’ve even seen a recent case where a judge weighed in as to whether TAR with or without keyword searching is preferable. Now, we have a new article published in the Richmond Journal of Law and Technology that weighs in as well.

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