2022 Top Fifteen Posts

2022 Top Fifteen Posts for eDiscovery Today!: eDiscovery Holiday Greetings

It’s now an annual tradition! So, let’s look at the 2022 top fifteen posts of the year (out of 570(!) total posts this year) in terms of blog traffic and interest from you, the readers of eDiscovery Today! See if you missed any of them!

Here’s the 2022 Top Fifteen posts:

#15: eDiscovery Impacts of Apple’s New iOS 16 Features: eDiscovery Trends – We begin the 2022 Top Fifteen posts list with a topic that was discussed a lot mid-year – how the Apple iOS 16 release would impact mobile device discovery, proving that people actually care about mobile device discovery!

#14: Lesser Included Emails in Threads Must Be Produced, Court Rules: eDiscovery Case Law – This is the first of four cases on this year’s top 15 list, one that taught us that simply producing the inclusive emails within a thread doesn’t provide the ability to search for lesser included emails within a specific date range. Food for thought for your next ESI protocol!

#13: The Latest eDiscovery Disaster is an eDisclosure Disaster: eDiscovery Best Practices – This is the biggest eDiscovery disaster that isn’t one, because it’s an eDisclosure disaster! The defendant’s failures here (including using Creation Date instead of the Sent or Received dates for filtering emails) delayed the case for 2 years and led to £578,444.17 in cost reimbursement!

#12: Fitbit Evidence in Murder Case That is Finally Going to Trial: eDiscovery Trends – This is a “True Crime” case that was over six years in the making to trial – I covered it on the old blog! It illustrates how Internet of Things (IoT) devices and wearables are becoming more important in litigation. Oh, and spoiler alert – he was found guilty.

#11: The 2023 eDiscovery Today State of the Industry Survey!: eDiscovery Trends – Wow! No wonder we had a record turnout for this year’s survey (as you’ll find out in early January). Even the survey promotion was well viewed. Thanks!

eDiscovery Assistant

#10: Wayback Machine Evidence Not Self-Authenticating, Rules Fifth Circuit: eDiscovery Case Law – The second most viewed case law post of the year, which illustrates the increase in authentication disputes for the variety of evidence sources we see today – this case goes “way back” to January! See what I did there? 😉

#9: Insourcing eDiscovery and Legal Services. Should Corporations Do It More? Are They?: eDiscovery Trends – Apparently, the answer to both is “yes”, given the response to this post!

#8: Keyword List for Trump Lawyer Shows Lack of Understanding of Keywords: eDiscovery Best Practices – This is not a political post – it’s a post that shows that many lawyers don’t know as much about keyword search as they think they do. Still think that Technology Assisted Review (TAR) is too difficult to understand?

#7: eDiscovery Events in 2022, Here’s Your Running List So Far!: eDiscovery Trends – This is always one of the most useful posts of the year from Rob Robinson and his excellent ComplexDiscovery blog, and (as the first post of the year) it also had all year to build traffic. Expect to see it again on this list next year!

#6: FRONTEO Experiences Ransomware Attack – Sorry, FRONTEO, but people were particularly interested in ransomware impacting a provider in the space. It happens to eDiscovery companies too.

#5: eDiscovery Processing Guidelines from EDRM: eDiscovery Best Practices – This terrific resource from EDRM based on Craig Ball’s 2019 primer was very well received, and very popular!

#4: 2022 State of the Industry Report is Now Available! Here’s How to Get It: eDiscovery Trends – Another post that had most of the year to gain views, and it’s gratifying to see how popular the State of the Industry report has become!

#3: Cuba Ransomware Group Hacked FRONTEO – Um, sorry again, FRONTEO. 😮 But it was too interesting for many of us to not try to see what happened with this particular hack and what we can all learn from it.

#2: Smoking Gun Slack Exchange Among Reasons for Default Judgment for Defendants: eDiscovery Case Law – The top case law post of the year, and the second year in a row that a case involving discovery of data from Slack resonated with all of you. And, who doesn’t love reading about a case involving “smoking gun” evidence?!? BTW, you can hear observations from the team working that case here!

#1: Amber Heard Photo Metadata and the Depp-Heard Trial: eDiscovery Trends – This post on May 26 illustrated how eDiscovery was often “ripped from the headlines” (as I wrote about earlier this week). And it showed us how metadata can shed light on the authenticity of evidence that is produced in discovery and presented in court.

Hope you enjoyed the 2022 top fifteen posts! Once again, I want to thank all of you for reading the blog this year – I really appreciate it!

I also want to thank the partners of eDiscovery Today for all your support!  Without you, there would be no eDiscovery Today! Here’s the list of Partners!

BTW, the last post of the year had to be written during a power outage last night as the winter blast blew into Texas! Here I am writing the post:

Thank goodness for mobile hotspot!

Merry Christmas and Happy New Year from eDiscovery Today!

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.

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