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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Here’s an Independent Review of CloudNine: eDiscovery Trends
 Here’s an Independent Review of CloudNine: eDiscovery Trends 400 400 CloudNine

If you love to read about legal technology, you probably have signed up for newsletters via Technolawyer. Technolawyer has several useful newsletters for the tech-interested legal professional, including BlogWorld and LitigationWorld. Recently, CloudNine was reviewed by Technolawyer with the resulting review published in the LitigationWorld newsletter.

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Public Comment Period Extended for Commentary on Defense of Process: eDiscovery Best Practices
 Public Comment Period Extended for Commentary on Defense of Process: eDiscovery Best Practices 428 600 CloudNine

As we noted a couple of months ago, The Sedona Conference® Working Group on Electronic Document Retention and Production (WG1) has issued a Public Comment Version of a new Principles and Guidelines for Developing and Implementing a Sound E-Discovery Process. The deadline for public comment was to have ended a couple of days ago, on November 15. Now, the deadline for public comment has been extended by the WG1 steering committee.

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Three Ways that eDiscovery is Safer in the Cloud: eDiscovery Trends
 Three Ways that eDiscovery is Safer in the Cloud: eDiscovery Trends 203 215 CloudNine

In the article 3 Ways E-Discovery is Safer in the Cloud than On-Premise, David Greetham discusses how, often, cloud service providers have stronger security options than those at law firms. He notes three reasons in particular as to why that is the case.

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Defendant Sanctioned for Failing to Preserve Text Messages and Failing to Produce Native Format Data: eDiscovery Case Law
 Defendant Sanctioned for Failing to Preserve Text Messages and Failing to Produce Native Format Data: eDiscovery Case Law 479 270 CloudNine

In First Financial Security, Inc. v. Freedom Equity Group, LLC, California Magistrate Judge Howard R. Lloyd issued permissive adverse inference instruction sanctions against the defendant for deleting relevant text messages “with the intent to deprive” the plaintiff of the use of those text messages and for failing to produce native-format data that it was repeatedly ordered to produce. Judge Lloyd declined to sanction the defendant for spoliation of phone records or employment applications.

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Do Lawyers Actually Realize When They’re Using the Cloud?: eDiscovery Trends
 Do Lawyers Actually Realize When They’re Using the Cloud?: eDiscovery Trends 500 333 CloudNine

In his LawSites blog last week, Bob Ambrogi reported on results from the 2016 Legal Technology Survey Report by the American Bar Association’s Legal Technology Resource Center. One of the more notable statistics from the report is that just 38 percent of lawyers use cloud computing for law-related tasks. But, is that really true?

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Court Orders Forensic Examination of Key Custodian Computers: eDiscovery Case Law
 Court Orders Forensic Examination of Key Custodian Computers: eDiscovery Case Law 479 270 CloudNine

In Davis v. Crescent Electric Company et. al., South Dakota District Judge Lawrence L. Piersol ruled that a non-disclosure agreement would sufficiently protect any and all confidential and/or privileged information of the defendant that may be uncovered during the forensic examination for key custodians and that the information being requested by the plaintiff was relevant and not overly broad.

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According To This New Report, eDiscovery Market Expected to Nearly Triple in Five Years: eDiscovery Trends
 According To This New Report, eDiscovery Market Expected to Nearly Triple in Five Years: eDiscovery Trends 219 284 CloudNine

According to a new market research report, the eDiscovery market is estimated to grow from $7.89 Billion (US) in 2016 to $22.62 Billion by 2021, at a Compound Annual Growth Rate (CAGR) of 23.4% from 2016 to 2021.

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Defendant Not Required to Use Predictive Coding by Court: eDiscovery Case Law
 Defendant Not Required to Use Predictive Coding by Court: eDiscovery Case Law 479 270 CloudNine

Regardless how the election turned out last night, eDiscovery case law marches on. In the case In re Viagra Products Liability Litigation, California Magistrate Judge Sallie Kim, noting that other courts had declined to force a party to use predictive coding, denied the plaintiff’s motion to force the defendant to use predictive coding instead of its preferred approach using search terms.

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ELECT to Have Drinks Again With Me – On Me!: eDiscovery Trends
 ELECT to Have Drinks Again With Me – On Me!: eDiscovery Trends 347 439 CloudNine

If you’re in Houston, you have a big decision to make today. No, not that decision! I’m talking about whether or not to have drinks with me! I’m buying!

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Here’s Where You Can View Last Week’s Webinar and More: eDiscovery Trends
 Here’s Where You Can View Last Week’s Webinar and More: eDiscovery Trends 341 340 CloudNine

Last week, I participated in a presentation, conducted by ACEDS and sponsored by CloudNine, which provided an overview of the evolution of electronic discovery technologies and also included a short demonstration of two tools within this growing category of offerings: Heureka and CloudNine. If you missed the webinar, here is where you can still check it out. You can also check out my article and my upcoming podcast too.

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