Our Insights on eDiscovery

Court Determines TAR Without Keyword Search Culling First is Preferable: eDiscovery Case Law

May 8, 2017

In FCA US, LLC v. Cummins, Inc., Michigan District Judge Avern Cohn “rather reluctantly” decided a dispute between the plaintiff and defendant on whether the universe of electronic material subject to Technology Assisted Review (TAR) review should first be culled by the use of search terms by agreeing with the plaintiff that “[a]pplying TAR to the universe of electronic material before any keyword search reduces the universe of electronic material is the preferred method.”

Court Approves Defendant’s Proposed Random Sampling Production Plan: eDiscovery Case Law

May 5, 2017

In Duffy v. Lawrence Memorial Hospital, Kansas Magistrate Judge Teresa J. James granted the Motion to Modify Discovery Order from the defendant (and counterclaimant), where it asked the Court to enter a protective order directing it to produce a random sampling of 252 patient records, along with five spares, in order to respond to the plaintiff/relator’s document requests.

Do We Have a Confidence “Spring” in Our Step in 2017?: eDiscovery Trends

May 4, 2017

The results are in from the Complex Discovery Spring 2017 eDiscovery Business Confidence Survey, which has just concluded and (as was the case for the 2016 Winter, Spring, Summer and Fall surveys and the 2017 Winter survey) the results are published on Rob Robinson’s terrific Complex Discovery site. How confident are individuals working in the eDiscovery ecosystem in the business of eDiscovery? Let’s see.

Corporate Counsel Best of 2017 Survey Results: eDiscovery Trends

May 3, 2017

Last year, we covered the inaugural Best of Corporate Counsel Survey of the top providers to the in-house corporate legal marketplace in July. This year, Corporate Counsel apparently decided to move it up a bit as, on Monday, it released its Corporate Counsel Best of 2017 results, which (once again) include rankings in a few litigation support and eDiscovery categories.

SCOTUS Reverses and Remands Circuit Court Award of Fees for Discovery Misconduct: eDiscovery Case Law

May 2, 2017

In Goodyear Tire & Rubber Co. v. Haeger, the Supreme Court of the United States, in a decision delivered by Justice Kagan reversed and remanded the decision by the US Court of Appeals, Ninth Circuit, for further proceedings, stating that “because the court here granted legal fees beyond those resulting from the litigation misconduct, its award cannot stand.”

Everything You Need to Know about Buying eDiscovery (eDisclosure) Systems: eDiscovery Trends

May 1, 2017

If you ever wanted to know how many providers there are in the eDiscovery (eDisclosure) space, what services they provide and where they fit in the EDRM model, this is as comprehensive a guide as you can find.

Wife’s Fitbit Leads to Murder Arrest for the Husband: eDiscovery Trends

April 28, 2017

At both the Master’s Conference session that I moderated in San Francisco on Tuesday and the webcast that I conducted yesterday, the topic of discovery from IoT (Internet of Things) devices came up. This story illustrates how discovery from IoT devices is becoming more and more important, especially in criminal cases.

Webcast: What Attorneys Need to Know About Cybersecurity and Data Privacy in 2017 (May 31, 2017)

April 27, 2017

This webcast will discuss what you need to know today about cybersecurity and data privacy to protect the sensitive data that your organization manages every day.

Today’s the Day to Learn How to Fix “Pitfalls” and “Potholes” in Your eDiscovery Project: eDiscovery Best Practices

April 27, 2017

Today at noon CST (1:00pm EST, 10:00am PST), CloudNine will conduct the webcast Pitfalls and Potholes to Avoid in Your eDiscovery Projects. This one hour webcast will discuss some of the most common “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.

Interview with Robert Childress, CEO of The Master’s Conference: eDiscovery Trends

April 25, 2017

As I mentioned earlier this month, The Master’s Conference is kicking off its 11th year with an event in San Francisco today. As part of our commitment to eDiscovery education, I’m delighted to be participating in the series again this year. In preparation for today’s kickoff event, I interviewed Robert Childress, CEO of The Master’s Conference to understand how the event came to be and what makes it unique compared to other conferences within the eDiscovery schedule.