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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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Finding Categorical Privilege Log to Be Inadequate, Court Orders Plaintiff to Provide a Metadata Log: eDiscovery Case Law
 Finding Categorical Privilege Log to Be Inadequate, Court Orders Plaintiff to Provide a Metadata Log: eDiscovery Case Law 479 270 CloudNine

In Companion Property and Casualty Insurance Company v. U.S. Bank N.A., South Carolina District Judge J. Michelle Childs determined that the plaintiff’s categorical Privilege Log was inadequate and ordered the plaintiff to provide to the defendant a metadata log for all documents withheld or redacted, affidavit(s) from the person(s) with knowledge regarding the privileged third party and common interest parties and a list of anticipated litigation(s) for the documents withheld on the basis of work product protection.

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It May Be FALL, But eDiscovery Business Confidence Is On The RISE: eDiscovery Trends
 It May Be FALL, But eDiscovery Business Confidence Is On The RISE: eDiscovery Trends 342 342 CloudNine

The results are in from the ACEDS and Complex Discovery Fall 2016 eDiscovery Business Confidence Survey, which was conducted last month and (as was the case for the Winter, Spring and Summer surveys) 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.

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Evolution of eDiscovery Automation – Looking Back and Looking Forward: eDiscovery Trends
 Evolution of eDiscovery Automation – Looking Back and Looking Forward: eDiscovery Trends 621 240 CloudNine

How has eDiscovery automation technology evolved over the years? Where is it headed? What is the current state of acceptance for Technology Assisted Review (TAR) within courts and within the bar? How do the different TAR approaches work? Has the promise of TAR been fulfilled?

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Defendant Ordered to Produce Source Code Responsive to Agreed Upon Search Protocol: eDiscovery Case Law
 Defendant Ordered to Produce Source Code Responsive to Agreed Upon Search Protocol: eDiscovery Case Law 479 270 CloudNine

In ACI Worldwide Corp. v. MasterCard Technologies, LLC et. al., Nebraska Magistrate Judge F.A. Gossett granted the plaintiff’s Motion to Compel Production of the defendant’s Full Source Code in part, “to the extent there are any files that MasterCard has not produced responsive to the parties’ previously established joint Search Protocol.”

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Today is E-Discovery Day 2016!: eDiscovery Trends
 Today is E-Discovery Day 2016!: eDiscovery Trends 370 55 CloudNine

Today is December 1. As we mentioned last week, that means today is E-Discovery Day!

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By 2020, 92 Percent of Everything We Do Will Be in The Cloud: eDiscovery Trends
 By 2020, 92 Percent of Everything We Do Will Be in The Cloud: eDiscovery Trends 372 305 CloudNine

According to an article on Forbes.com, by 2020, 92 percent of computing workloads will be processed by cloud data centers; versus only eight percent being processed by traditional data centers.

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
With No Proof of Duty to Preserve or Bad Faith, Plaintiffs’ Request for Sanctions is Denied: eDiscovery Case Law
 With No Proof of Duty to Preserve or Bad Faith, Plaintiffs’ Request for Sanctions is Denied: eDiscovery Case Law 479 270 CloudNine

In Reyes et. al. v. Julia Place Condominiums Homeowners Association, Inc., et. al., Louisiana District Judge Carl J. Barbier, in denying the plaintiffs’ request for sanctions, stated that the plaintiffs “have failed to produce sufficient evidence proving that [defendant] Parkview had a duty to preserve the ledgers, that Parkview acted in bad faith in destroying the ledgers, and that the destroyed evidence was relevant to Plaintiffs’ claim”.

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The Top Hot Topics in eDiscovery: eDiscovery Trends
 The Top Hot Topics in eDiscovery: eDiscovery Trends 275 274 CloudNine

I recently had the opportunity (and pleasure) to sit down for a podcast interview with Sharon Nelson and John Simek for their podcast series Digital Detectives on the Legal Talk Network. Here’s how you can listen to that interview.

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E-Discovery Day 2.0: eDiscovery Trends
 E-Discovery Day 2.0: eDiscovery Trends 370 55 CloudNine

We’ve recently celebrated Halloween, we’re about to celebrate Thanksgiving. Guess what we celebrate next? You guessed it, it’s…E-Discovery Day!

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The Fall Version of The eDiscovery Business Confidence Survey Has a Canadian Influence: eDiscovery Trends
 The Fall Version of The eDiscovery Business Confidence Survey Has a Canadian Influence: eDiscovery Trends 334 328 CloudNine

With everything else we’ve been covering, we’ve been remiss to mention that it’s time for another round of the quarterly eDiscovery Business Confidence Survey created by Rob Robinson and conducted on his terrific Complex Discovery site. The fall survey is currently going on through the end of November. In addition to the affiliation with the Association of Certified eDiscovery Specialists (ACEDS), the survey now has a new Canadian influence.

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