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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Webcast: Simplified eDiscovery Automation Demonstration from CloudNine
 Webcast: Simplified eDiscovery Automation Demonstration from CloudNine 150 150 CloudNine

A short demo of SaaS-delivered eDiscovery automation software that simplifies litigation, investigations, and audits for legal, compliance, and security pros by allowing them to upload, review, and produce documents from one platform within minutes. For a free trial, visit cloudnine.com.

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WHY I Do What I Do: eDiscovery Reflections
 WHY I Do What I Do: eDiscovery Reflections 404 267 CloudNine

One of the things I like most about working at CloudNine is the company culture and one of the things that has been instrumental in defining and shaping our company culture is our company book club. We’ve reviewed and discussed several books over time that have helped us define that company culture and the latest book that we just reviewed got me thinking about WHY I do what I do.

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Missed the eDiscovery Business Confidence Webinar? Here is Where You Can Still Check it Out: eDiscovery Trends
 Missed the eDiscovery Business Confidence Webinar? Here is Where You Can Still Check it Out: eDiscovery Trends 205 147 CloudNine

On Wednesday, ACEDS hosted a webinar (sponsored by CloudNine) where we discussed results from the Fall 2016 eDiscovery Business Confidence Survey, which was conducted last month with the results published on Rob Robinson’s terrific Complex Discovery site. Did you miss it? Here’s where you can still check it out.

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Was Spoliation Intentional? Court Will Let Jury Decide: eDiscovery Case Law
 Was Spoliation Intentional? Court Will Let Jury Decide: eDiscovery Case Law 479 270 CloudNine

In Cahill v. Dart, Illinois District Judge John Z. Lee adopted, with modifications, the Report and Recommendation of Magistrate Judge Cox regarding the plaintiff’s motion to sanction the defendants for destruction of evidence, indicating that Judge Cox’s proposed sanction would be imposed and also that the jury would be informed that the defendants failed to meet their duty to preserve video, giving the plaintiff the option to argue to the jury that the failure to preserve the video was intentional.

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Today’s the Day to Hear Experts Comment on the State of eDiscovery Business Confidence: eDiscovery Trends
 Today’s the Day to Hear Experts Comment on the State of eDiscovery Business Confidence: eDiscovery Trends 205 147 CloudNine

Last week, we covered results from the ACEDS and Complex Discovery Fall 2016 eDiscovery Business Confidence Survey, which was conducted last month with the results published on Rob Robinson’s terrific Complex Discovery site. There’s even a Canadian breakdown. Today, you can attend a webinar to hear experts comment on the results of the survey and their thoughts about the state of eDiscovery business in general!

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Defendant Sanctioned for Spoliation of Physical Evidence, But Not ESI: eDiscovery Case Law
 Defendant Sanctioned for Spoliation of Physical Evidence, But Not ESI: eDiscovery Case Law 479 270 CloudNine

In Reed v. Kindercare Learning Centers et. al., Washington District Judge Benjamin H. Settle (yes, that’s his real name!) granted the plaintiff’s motion for discovery sanctions with respect to spoliation of physical evidence in the form of the facility where the plaintiff worked, but denied the plaintiff’s motion with regard to spoliation of ESI.

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The Importance of Early Data Assessment: eDiscovery Best Practices
 The Importance of Early Data Assessment: eDiscovery Best Practices 150 150 CloudNine

Why do we have a picture of Santa Claus for an eDiscovery blog post about early data assessment? Read on.

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Court Orders Defendant to Produce Additional ESI Responsive to 78 “Unopposed” Search Terms: eDiscovery Case Law
 Court Orders Defendant to Produce Additional ESI Responsive to 78 “Unopposed” Search Terms: eDiscovery Case Law 479 270 CloudNine

In Venturdyne, Ltd. d/b/a Scientific Dust Collectors v. Carbonyx, Inc., d/b/a Carbonyx Carbon Technologies, et. al., Indiana District Judge John E. Martin ordered the defendant to produce additional ESI to the plaintiff to be retrieved via 78 “unopposed” search terms that neither party objected to during negotiation over the plaintiff’s original list of 126 search terms.

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Supreme Court Gives Samsung an Early Christmas Present – For Now: eDiscovery Case Law
 Supreme Court Gives Samsung an Early Christmas Present – For Now: eDiscovery Case Law 428 600 CloudNine

We almost made it the entire year without an update on the ubiquitous Apple v. Samsung case. Thanks to the U.S. Supreme Court, this long lasting case isn’t done yet.

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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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