244 Was Challenging. Maybe 245 Will Be Better?: eDiscovery Trends

Wondering what I’m talking about with the title above?  What do the numbers mean?  Can you guess?  Read below.

Tomorrow is July 4th, which is Independence Day here in the US (in case any of you are reading this abroad and didn’t know that).  Two hundred forty four (244) years ago tomorrow, the Second Continental Congress (which was a meeting of delegates from the Thirteen Colonies in America which united in the American Revolutionary War) declared that the thirteen American colonies were no longer subject (and subordinate) to the monarch of Britain, King George III, and were now united, free, and independent states. Now, Britain and the US are allies (at least I think we still are).  😉

Technically, the Continental Congress had voted to declare independence two days earlier, on July 2 (bet many of you didn’t know that!), but it was not officially declared until July 4.  As a result, the declaration is considered to be July 4, which is considered to be the anniversary of the birth of the United States.


So, the two hundred and forty fifth (245th) year of our country begins tomorrow.  Got it?  That’s what the numbers mean.

Needless to say, the 244th year of our country was quite challenging, especially the second half of it.  It was quite challenging for the whole world for that matter.  And, we’re continuing to battle many of these challenges as we enter year 245.  I’ll leave it that – if you watch the news these days, you’re very aware of the challenges we’ve been facing lately.

While these are difficult times, I prefer to focus on the positive.  As I’ve said a couple of times before, the phrase “at least you have your health” may seem trite, but it’s never been more meaningful.  If you are healthy this July 4, count your blessings.  Let’s hope for 245 to be better, eventually MUCH better than 244.  And, remember, could be worse, could be raining!  😉

Also, just a reminder that on Wednesday, July 15, ACEDS will conduct the webinar Seeing 20/20: Reasonable and Proportional Discovery in 2020 at 1pm ET (noon CT, 10am PT).  Come join Mandi Ross of Prism Litigation Technology, Martin Tully of Actuate Law and me where we’ll discuss challenges with “right-sizing” discovery proportionally and defensibly, what can be leveraged from the rules and relevant case law regarding proportionality, and what best practices can be deployed for quick evaluation of potentially relevant custodians and data sources.  Don’t miss it!

So, what do you think?  What are you most grateful this Independence Day?  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 my employer, my partners or my clients. eDiscovery Today is made available 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 Today should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.


  1. Thanks, Doug. Great post for this holiday. Love the movie quotes from Princess Bride and Young Frankenstein.
    Enjoy the weekend.

  2. Great post, Doug. And if memory serves, there was some controversy 244 years ago about when each of the signatories actually signed off. But hey, close enough for me. It’s not always been glorious or pretty, but the great American experiment continues to amaze me. Not to politicize this, but as I read the declaration recently and the “long train of abuses and usurpations” contained within it, I was struck by some of the parallels to events today. Here’s hoping we find a way to reinvent the self-evident equality that resounds from that old document and prove to ourselves and our children that we can (and must) be better. I can think of no better day to devote thought to that than the Fourth of July. Happy 4th!

  3. Thanks, Mike! It’s probably a good idea for all of us Americans to re-read the Declaration annually to remind ourselves what the Country was (and still is) supposed to stand for. Happy Fourth to you as well!

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