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Industry Trends

E-Discovery Day 2.0: eDiscovery Trends

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

As the site for E-Discovery Day states, “[o]n December 1, 2016, thousands of Legal and IT professionals will gather both online and off to discuss e-discovery. They will be met with a full day worth of informative webcasts, in-person networking events and more—all hosted by E-Discovery Day sponsors.”

Last year, according to their site, there were 1,351 webcast participants, 26 eDiscovery experts who presented and 83% of last year’s participants said they would participate again this year.

This year, there are several excellent webcasts scheduled, including:

  • Mainstream News & E-Discovery: What You Should Be Watching Out for in 2017: Panelists Craig Ball, Robert Cruz, Tara Jones and Zach Warren will recap what news events you should be tracking and proactively advising your legal team on to ensure you’re prepared to take on new e-discovery risks in 2017. Presented by Actiance and Exterro.  TIME 11:15 AM ET / 8:15 AM PT
  • Rule 26(b)(1): How to Make a Persuasive Proportionality Argument: In this webcast, learn tips for making a persuasive proportionality argument that will hold up in court and how offering alternative remedies to overbroad productions requests can heighten your changes for a favorable ruling from panelists Judge Joy Conti, Ralph Losey and Maura Grossman. Presented by Exterro.  TIME 12:30 PM ET / 9:30 AM PT
  • 10 Years Forward and Back – Automation in eDiscovery: This unique session highlights the progress of eDiscovery technologies during the last decade and looks forward through the lens of innovation to the next ten years data discovery. Panelists including Mary Mack, George Socha, Doug Austin, David Horrigan, Bill Dimm, Bill Speros will be sharing their thoughts and considerations regarding the use of Technology-Assisted Review. Presented by ACEDS and CloudNine.  TIME 1:00 PM ET / 10:00 AM PT
  • What is E-Discovery Costing Your Organization?: In this webcast, benchmark your organization’s e-discovery costs against others and learn what metrics you should be focusing on to accurately track your e-discovery spend with panelists William Hubbard, Ross Dubinsky and Bobbi Basile. Presented by HBR Consulting, Exterro and Morae Legal.  TIME 1:45 PM ET / 10:45 AM PT
  • Rule 37(e): Less Sanctions, More Negotiating: In this webcast, learn how the courts are currently interpreting this new spoliation standard and get tips for safeguarding your organization from future spoliation sanctions with panelists Joshua Gilliland, Esq., Judge John Facciola (Ret.) and David Rohde, Esq. Presented by Epiq and Exterro.  TIME 3:00 PM ET / 12:00 PM PT
  • Why Every Firm/Legal Department Needs to Invest More in Legal Project Management: In this webcast, learn how to utilize legal project management principles and tools to get tasks completed faster and discover how other legal teams have incorporated legal project management at their organizations with panelists Seth Eichenholtz, David Yerich, Esq. and Thomas Mullane. Presented by Exterro and LTPI.  TIME 4:15 PM ET / 1:15 PM PT
  • E-Discovery Training for 2017: In this webcast, learn how to take your e-discovery acumen to the next level with insights from legal/e-discovery teachers on the topics you should be learning more about and how to get involved with educational e-discovery groups in 2017 with panelists Mary Mack, William Hamilton, Eric Mandel and George Socha. Presented by ACEDS, EDRM, Exterro and LTPI.  TIME 5:30 PM ET / 2:30 PM PT
  • eDiscovery 101 – An Alternate Career Path: Lighthouse eDiscovery will host a free educational webinar on eDiscovery Day 2016. Geared towards law students and others considering entering the ediscovery profession, this webinar will highlight how and when ediscovery fits into litigation, outline who the players are, and provide a glimpse into a day in the life of ediscovery work. Presented by Lighthouse Discovery.  TIME 6:00 PM ET / 3:00 PM PT

In addition, there will be in-person networking events in Dallas, Detroit, Houston, Jacksonville, Los Angeles, Orange County and New York.  Click on the appropriate link to register for the in-person event near you!

I’m excited to be presenting again with my colleagues at the “10 Years Forward and Back – Automation in eDiscovery” session – it was very well received at The Masters Conference in DC in October.  So, if you missed it then, you can catch it on E-Discovery Day!

So, what do you think?  Do you plan to attend an E-Discovery Day event?  Please share any comments you might have or if you’d like to know more about a particular topic.

*You thought I was going to say “Festivus”, didn’t you?

Speaking of Thanksgiving, eDiscovery Daily will return next Monday.  Happy Thanksgiving!

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

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

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.

As discussed last week on LegalTech News (What’s the Difference With E-Discovery in Canada? A Heavy ECA Focus, to Start, written by Zach Warren), Commonwealth Legal is now teaming with ComplexDiscovery and ACEDS for the survey, bringing a Canadian perspective to the formerly U.S.-exclusive results.

“While Canada is a smaller market north of the border, our cultural and jurisdictional differences contribute to the advancement of eDiscovery in distinct ways”, said Jennifer Johnson, Vice President of Commonwealth Legal. “This survey offers a unique opportunity for Canadian eDiscovery professionals to have their insight measured and heard.”

As before, the eDiscovery Business Confidence Survey is a non-scientific survey designed to provide insight into the business confidence level of individuals working in the eDiscovery ecosystem. The term ‘business’ represents the economic factors that impact the creation, delivery, and consumption of eDiscovery products and services.  The purpose of the survey is to provide a subjective baseline for understanding the trajectory of the business of eDiscovery through the eyes of industry professionals.

Also as before, the survey asks questions related to how you rate general business conditions for eDiscovery in your segment of the eDiscovery market, both current and six months from now, a general sense of where you think revenue and profits will be for your segment of the market in six months and which issue do you think will most impact the business of eDiscovery over the next six months, among other questions.  It’s a simple nine question survey that literally takes about a minute to complete.  Who hasn’t got a minute to provide useful information?

Individual answers are kept confidential, with the aggregate results to be published on the ACEDS website (News & Press), on the Complex Discovery blog, and on selected ACEDS Affiliate websites and blogs (we’re one of those and we’ll cover the results as we have for the first three surveys) upon completion of the response period, which concludes November 30.

The more respondents there are, the more useful the results will be!  What more do you need?  Click here to take the survey yourself.  Don’t forget!  Let’s set a record!

Additionally, you can join Mary Mack, George Socha, Eric Mandel, Zach Warren, David Horrigan on December 14 for a webinar to review the results of the survey.  Click here to register for the webinar.

So, what do you think?  Are you confident in the state of business within the eDiscovery industry?  Share your thoughts in the survey and, as always, please share any comments you might have with us or let us know if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

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

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?

In the report, 53 percent of lawyers say they have not used cloud computing and 10 percent do not know whether they have or not, according to the survey, which the LTRC conducts annually.

Bob goes on to report that of the lawyers who say they do not use cloud computing, 7 percent say they plan to use the cloud within the next 12 months, 3 percent say they plan to within the next two years, 17 percent say they will use it “sometime in future,” and 42 percent say they do not plan ever to use it.

When lawyers who do not use the cloud were asked why, the top reason they gave was “Confidentiality/security concerns at 63 percent.”  But, in-house solutions may not necessarily be more secure. Earlier this year, I covered an article by Daniel Garrie and Yoav M. Griver of Zeichner, Ellman & Krause, who made several observations, including this one:

“Almost every e-discovery platform in the marketplace today requires some sort of connectivity to the Internet to obtain software updates, be it for the platform or the solution operating the platform. Consequently, law firms that elect to avoid cloud-driven solutions with the intention of offering clients greater security may not actually be providing greater security. Odds are that your security isn’t bulletproof, you don’t have 100 percent systems uptime, and you may not have the necessary amount of staff resources dedicated to IT management.”

Anyway, back to the idea of lawyers not using the cloud.  Are that many really not using the cloud?

Bob raised doubts about that himself a couple of days later, referencing a 2012 Citrix survey on cloud computing in which 54 percent of Americans claimed never to have used cloud computing, when, in fact, 95 percent actually did use it – for things such as banking and shopping online, social networking and file sharing.  And, that was four years ago.

So, do lawyers actually realize when they’re using the cloud?  In some cases, maybe not.  And, if they don’t know when they’re using it, do they really understand its benefits?

So, what do you think?  Do you think that most attorneys have used the cloud for law-related tasks?  Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

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

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.

The report titled E-Discovery Market by Solution (Legal Hold, Early Case Assessment, Data Processing, Data Production), Service (Consulting, Implementation, Training & Support, Managed), Deployment Type (Cloud, On-premises), and Vertical – Global Forecast to 2021 is published by MarketsandMarkets (who apparently did not have a title size limit when determining the report title).

Here are a couple of notable trends in the report over the forecast period with respect to TAR and cloud adoption:

  • TAR Adoption: Technology assisted review and data production is expected to show significant adoption rate in the E-Discovery Market. Technology assisted review and data production is “gaining traction among E-Discovery solutions as these solutions empower organizations by reducing risk and saving the time and money spent on managing & reviewing large sets of documents effectively and efficiently”.
  • Managed Services Growth: The managed services segment is expected to witness the fastest CAGR during the forecast period from 2016 to 2021, owing to organizations’ focus on decreasing costs associated with E-Discovery document storage infrastructure maintenance. With the help of managed services, users become free from establishing and maintaining infrastructure, uncertainty over compliance adherence, and developing scalable and capable technologies for E-Discovery use, owing to which, this service type has the highest adoption rate.
  • Cloud Deployment: The cloud deployment type is expected to grow at the highest CAGR during the forecast period; the cloud deployment type is also projected to witness the highest demand due to increased cost reduction as compared to on-premises solution deployment, as cloud E-Discovery solutions help customers to maintain a conservative legal department budget by slashing costs associated with data storage infrastructure maintenance.

As noted in the report description, the ecosystem of the E-Discovery market consists of on-premises solution providers such as IBM Corporation, FTI Technology LLC, kCura LLC, and ZyLAB; cloud solution providers such as cicayda,LLC, CloudNine, Logikcull, and Lexbe; and service providers such as Ernst & Young Global Limited, Advanced Discovery, D4 LLC, and Navigant Consulting, Inc. Stakeholders of the market include litigation service providers, legal analytics vendors & consultants, and law firms.

Click on this link here for more information about the report, including pricing and how to buy a single-user or corporate license.

So, what do you think?  Are you feeling “bullish” about the eDiscovery market?  Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

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

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!

*Well, technically, my boss is buying, but we won’t quibble…

After making a big “splash” back in September with our last “drinks with me” event at the ARMA Live! Conference & Expo for Records Management and Information Governance professionals (mostly because there was a torrential downpour at the start of that happy hour), we’ve decided to do it again in Houston, home of the headquarters of CloudNine.

“Drinks with Doug” is a sporadic gathering of information technology, business, and eDiscovery professionals in various cities who casually meet and discuss all things eDiscovery over a few drinks with me.

This iteration of “Drinks with Doug” will be held at The Tasting Room – CityCentre, 818 Town and Country Blvd #100, Houston, TX 77024 next Tuesday, November 15 from 6:00-8:00pm.  The Tasting Room offers a variety of exquisite wines for guests to enjoy.  It also has a special place in my heart as it’s where my wife and I spent several of our early dates when we first started dating.  :o)

Space is filling up quickly, so if you plan to be in Houston that day and would like to attend, please send your RSVP ASAP to Jessica Moore at jmoore@cloudnine.com.  To improve your chances to be included, please send the email from your work email address, not from a “gmail” or other personal account.

Hope to see you there!

So, what do you think?  Do you like eDiscovery?  Do you like wine?  Are you in Houston?  If you answered “yes” to all three questions, then you should attend!  Regardless, please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

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

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.

Heureka Founder & Chairman of the Board Ron Copfer and I presented the webinar, where we illustrated the latest in discovery automation technology from data creation through defensible destruction.  Click here to view the webinar and also to download the slides.

It’s been a busy few days for me.  Thursday was the above mentioned webinar.  On Friday, I spoke at the Texas Bar CLE program eDiscovery in Your Case in Austin, participating in the luncheon presentation eDiscovery Software for Solo and Small Firms with Kathy Owen Brown of DLA Piper and Gene Albert of Lexbe.  As I noted on Friday, I wrote an article titled How SaaS Automation Has Revolutionized eDiscovery for Solo and Small Firms to tie in with our session.

The article covers how we’re in the age of automation and cloud based discovery, how eDiscovery technology has evolved, takes a comparative look at Craig Ball’s small firm Edna challenge of 2009 and his reprise from earlier this year and how the emergence of cloud-based automation has given small firms much more complete solution choices than were available in 2009.  It also covers key components of a SaaS automation solution and typical pricing options for such a solution.  The end result is better options than ever before for solo and small firms looking for a full-featured eDiscovery solution that fits with their budget.

If you would like to check out the article, feel free to contact me and request a copy.  Simply send an email to me at daustin@cloudnine.com and say that you’d like a copy of the SaaS automation article that I wrote for the Texas Bar (or words to that effect) and I’ll be happy to send you a copy.  My pleasure.

Today, I’ll be participating in an interview with Sharon Nelson and John Simek on a podcast for the Digital Detectives program on the Legal Talk Network.  I’m a big fan of their program and a big fan of both Sharon and John personally (and, if you read our blog regularly, you know that Sharon’s blog Ride the Lightning is a regular source for interesting stories about cybersecurity in the legal industry).  I’m looking forward to participating and hope you all will check out the interview.

So, what do you think?  Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

How SaaS Automation Has Revolutionized eDiscovery for Solo and Small Firms: eDiscovery Trends

I’m in Austin today, speaking at the Texas Bar CLE program eDiscovery in Your Case.  I’m excited to be included in the program, participating in the luncheon presentation eDiscovery Software for Solo and Small Firms with Kathy Owen Brown of DLA Piper and Gene Albert of Lexbe!

As a precursor to the session, the Texas Bar asked that we write an article for the session (and by “asked”, I mean that they told us that articles are mandatory for each session) and they suggested that the article be 10-30 pages in length.  So, because I don’t write enough (apparently), I accepted the challenge and wrote an article titled How SaaS Automation Has Revolutionized eDiscovery for Solo and Small Firms to tie in (nicely, I hope) with the session we’re presenting.

The article covers how we’re in the age of automation and cloud based discovery, how eDiscovery technology has evolved, takes a comparative look at Craig Ball’s small firm Edna challenge of 2009 and his reprise from earlier this year and how the emergence of cloud-based automation has given small firms much more complete solution choices than were available in 2009.  It also covers key components of a SaaS automation solution and typical pricing options for such a solution.  The end result is better options than ever before for solo and small firms looking for a full-featured eDiscovery solution that fits with their budget.

The 15 page article (right in the middle of the suggested range – no need to show off, right?) will be provided to the attendees of today’s CLE, but if you would like to check it out, feel free to contact me and request a copy.  Simply send an email to me at daustin@cloudnine.com and say that you’d like a copy of the SaaS automation article that I wrote for the Texas Bar (or words to that effect) and I’ll be happy to send you a copy!  Enjoy!

So, what do you think?  Do you think that solo and small firms have better choices for eDiscovery solutions than before?  Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Join Us for Today’s Webinar – Simplified eDiscovery Automation: From Evolution to Revolution!

As we mentioned last week, we’re presenting a webinar today at 1pm ET.  Come join us!

Today’s presentation, conducted by ACEDS, will provide an overview of the evolution of electronic discovery technologies and also share with attendees ways that they can consider and compare technology offerings from the large ecosystem of providers supporting litigation, investigations, and audits. This webinar will also include an overview of the attributes of fourth generation eDiscovery automation technology as well as a short demonstration of two tools within this growing category of offerings: Heureka and CloudNine.

Heureka Founder & Chairman of the Board Ron Copfer and I will be presenting today’s webinar, where we will differentiate data discovery from legal discovery and illustrate the latest in discovery automation technology from data creation through defensible destruction.  Click here to register for the webinar!

So, what do you think?  How do you choose your eDiscovery technology solution?  Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

The Cowen Group 2016 eDiscovery and Litigation Support Salary Report: eDiscovery Trends

A couple of weeks ago, we covered the Robert Half 2017 Legal Salary Guide with a specific focus on litigation support and eDiscovery salaries.  This week, we’re covering results from the Tenth Annual Salary Survey from The Cowen Group.  Let’s take a look at this latest opportunity to push for that raise you’ve been wanting.

This year, there were 244 responses received from law firms (36% Large Law respondents, 22% Mid-Law), service providers (19%), corporations (19%) and government (4%), with over 50 organizations providing compensation information for their eDiscovery teams to bolster and corroborate data received from individual survey respondents.  Here are a few other noteworthy findings from the 15 page report.

  • New Positions: The Cowen Group predicted that approximately 245 new positions will be created in 2017, with the strongest growth and demand taking place in the vendor/service provider sector with particular emphasis being placed on technical professionals (60 new hires) and project managers (86), as well as growth positions such as data scientists (6), forensic professionals (20) and customer/client success experts (7).
  • Median Salaries Largely Flat: As was the case in the past two annual reports, median salaries remained relatively flat, with only a 0-2% median increase over last year’s numbers. The Cowen Group attributed the flattening of median salaries to several factors, including increased reporting from mid-law firms, growing hiring trends for eDiscovery positions in both mid-sized organizations and middle-market geographic locations, and differentiation in base salaries between law firm, corporate, and vendor market segments. One notable exception with regard to flat salaries was the eDiscovery attorney group, who reported a 16% median increase over base salaries from the previous year.
  • Bonuses Up: As compared to base salaries, annual bonuses appear to be increasing steadily across the board and average bonuses amounted to higher percentages of base salaries this year, especially for Manager (approximately $10,080 as compared to $7,660 in last year’s report), Director, (approximately $16,100 as compared to $9,890) and Attorney roles (approximately $29,830 as compared to $12,809).
  • eDiscovery Professionals are Certifiable: The Certified eDiscovery Specialists (“CEDS”) remained the most commonly held certifications across all titles and roles. The Relativity Certified Administrator (“RCA”) and LexisNexis LAW Prediscovery (“LAW”) were the most widely held technical certification across several positions as well, with RCA providing a slightly positive influence on salary in the analyst and project manager roles.

The report also provides the minimum and maximum reported salary for each primary position for this year, as well as the mean, median, low (25%) and high (75%).  Median salaries were charted for each position from 2008 through 2016.  It also reports on geographical and organizational trends and provides a data sheet for each of the five primary positions, with skills for success and top certifications.

This 15 page guide is also FREE and is available here.  Check it out.  Maybe you need a raise?

So, what do you think?  Do the numbers surprise you?  Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

This is a Non-Political Post: eDiscovery Trends

At the outset, I feel that I should state that, given that this post is about the Hilary Clinton emails and the FBI handling of them.

In his latest post (E-Discovery Lessons from the Huma Abedin E-Mails), Craig Ball takes a look at the eDiscovery implications regarding the handling of the Huma Abedin emails and his distaste for FBI Director James Comey’s handling of them.  Craig states: “‘Reckless’ doesn’t begin to describe Comey’s self-indulgent decision to release information about a situation he clearly does not yet grasp, in a manner that elevates Jim Comey above longstanding Justice Department policy and the integrity of a Presidential election.”

Nonetheless, regardless of political leanings, Craig notes that his post “will not be a political screed, so while I always welcome critical and substantive comments on anything I write, please hew to the e-discovery aspects of same.  Please.”  Of course, at least one commenter (so far) still questioned the political intent of his post, characterizing Craig’s comments as “partisan”.  Not surprisingly, there were already 20 total comments on Craig’s post in less than a full day (including mine).

Craig’s post, and the comments back and forth are well worth reading.  One of the eDiscovery discussion points related to the cross-collection correlation of email messages – which Craig wrote about here and we covered here, with back and forth discussion between Craig and our CTO, Bill David – and the challenge of doing that when the Clinton emails were produced to the State Department in paper (yes, paper) format.  There was also a discussion as to whether the Clinton claim that “more than 90% of those emails should have already been captured in the State Department’s email system” was true and could have eliminated most of the email matching effort to determine whether there is significant new information in the Abedin emails that bear investigating.

And, to think this latest round was initiated because of our social media gone wrong poster child, Anthony Weiner.  Some people never learn to think before they hit send.

Bill Dimm provided a link to Hilary Clinton’s fact sheet regarding the emails in one of his comments, which answered the question as to why Clinton produced printed copies to the State Department instead of ESI, noting that the Foreign Affairs Manual of the State Department provides this guidance with regard to how to preserve e-mail records:

“Until technology allowing archival capabilities for long-term electronic storage and retrieval of E-mail messages is available and installed, those messages warranting preservation as records (for periods longer than current E-mail systems routinely maintain them) must be printed out and filed with related records.”  [5 FAM 443.3].

So, our government is just as behind as the rest of the legal profession (if not more) with regard to production formats.  Big surprise.

We’ve already discussed one area where eDiscovery might impact the coming election.  Maybe this is another.

So, what do you think?  Are you sick of hearing about the election yet?  Me too!  Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine. eDiscovery Daily is made available by CloudNine solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Daily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.