Looking to Address Discovery Challenges? Learn How to Do That Tonight!: eDiscovery Best Practices
The start of the eDiscovery Summer Refresher Virtual Conference, hosted by the San Diego Paralegal Association (SDPA) and the ACEDS Orange County Chapter, is here! And I’m honored to kick it off tonight by telling you about the use of technology to address discovery challenges today and tomorrow!
EDI’s Diversity Questions for eDiscovery Suppliers: eDiscovery Trends
It’s great how a question from someone in the industry can lead me to find a resource I didn’t know existed (which, of course, leads to a blog post topic). In this case, it led me to identify a list of Diversity Questions for eDiscovery Suppliers, courtesy of the Electronic Discovery Institute, while also causing me to realize that eDiscovery is lacking studies on diversity trends.
Court Sanctions Three Nonparty Companies for Ignoring Subpoenas: eDiscovery Case Law
In Stadler v. Moore, et al., Pennsylvania District Judge John M. Gallagher issued sanctions against three nonparty companies – CVS Pharmacy, Rothman Institute, and Capital Health Systems Primary Care – for ignoring subpoenas issued by the defendant for medical information about the plaintiff relevant to an injury claim.
Cobra Legal Solutions Acquires Digital Discovery
Congrats to Cobra Legal Solutions, who announced yesterday that they have acquired digital forensics company Digital Discovery! The text of the announcement is below.
Five Simple Steps to Remote Forensic Data Collection: eDiscovery Trends
Who says you can’t conduct a forensic collection of electronically stored information (ESI)? This recent article from Forensic Discovery discusses five simple steps to remote forensic data collection and it also discusses whether the data collected by the remote collection process is admissible.
When it Comes to eDiscovery Case Law Disputes, our August EDRM Case Law Webinar is Hotter Than Ever!: eDiscovery Webinars
Disputes regarding discovery are hotter than ever! But don’t sweat it! Our August EDRM monthly webinar of cases covered by the eDiscovery Today blog discusses another group of unique disputes ranging from form of production disputes to dispute over terms of a 502(d) waiver of privilege order and more!
Thoughts About Thomson Reuters’ Decision to Sunset eDiscovery Point: eDiscovery Trends
I’ve heard from a couple of people this week about Thomson Reuters’ decision to sunset their eDiscovery platform eDiscovery Point and I’ve read a couple of stories about it as well. Here are links to those and some of my own thoughts.
Does Microsoft Teams Work Make the Dreams Work? Maybe Not for Legal and Compliance: eDiscovery Trends
This week’s post for IPRO’s blog addresses the boom in usage of Microsoft Teams and examines whether Microsoft Teams work makes the dreams work, especially when it comes to use cases for information governance and compliance.
Do You Get “Pumped Up” More By Self-Service or Full-Service eDiscovery?: eDiscovery Best Practices
See what I did there? 😉 While we have seen a move toward more self-service eDiscovery in recent years, there are still plenty of service providers offering full-service eDiscovery. So, do you prefer self-service or full-service eDiscovery? As this article from Compliance discusses, the answer could be either, or even a bit of both, depending on the project.
Ari Kaplan Advisors’ Seventh Annual eDiscovery Unfiltered Report: eDiscovery Trends
Oops, I missed it again! 😉 Here’s the seventh annual edition of a survey of eDiscovery trends that is always “unfiltered”: Ari Kaplan Advisors’ Annual eDiscovery Unfiltered Report.
EDRM Has Just Launched a Privilege Log Survey: eDiscovery Trends
Privilege logs are always a hot topic in eDiscovery, and EDRM has just launched a Privilege Log Survey for the Global Community. Here is information regarding the survey, including the link to take it.
Court Denies Plaintiffs’ Motion to Compel Production Format and Motion for Sanctions: eDiscovery Case Law
In Cody, et al. v. City of St. Louis, Missouri District Judge Audrey G. Fleissig denied the plaintiffs’ motion to compel the defendant’s production format of certain ESI in native format or with metadata, stating “the City produced ESI in the format reflected by the parties’ initial agreement without objection by Plaintiffs, for years”, but did direct the parties to meet and confer on potential production of metadata for a “limited list of particular documents” and “production of any remaining ESI in native format or with accompanying metadata going forward”. Judge Fleissig also denied the plaintiffs motion for sanctions for spoliation and the defendant’s motion to compel discovery responses.
ILTA Skills Roadmap Podcast: eDiscovery Trends and Best Practices
Believe it or not, we’re less than a month away from ILTACON 2021 – the annual conference of the International Legal Technology Association (ILTA) and the first major legal technology conference this year that will have an in-person component (it will be a hybrid of in-person and online). I’ll be there and, yesterday, I participated in an ILTA Skills Roadmap Podcast which was terrific.
Tom O’Connor Weighs in on the NIST Study and Trustworthiness of AI: eDiscovery Trends
I love it when Tom O’Connor gets into one of our topics and provides his own analysis! So, when he told me he was going to write about the blog post that Jim Gill wrote on the NIST study and the trustworthiness of AI, I expected he would have a lot of interesting takes on it.
My Second Thought Leader Interview with Kelly Griswold of Onna: eDiscovery Trends and Best Practices
Time for another thought leader interview on eDiscovery Today! My latest interview is with the COO of a leading company in knowledge integration, my second thought leader interview with Kelly Griswold of Onna!
Here’s How the Pandemic Has Revolutionized Discovery Collection: eDiscovery Trends
I don’t have to tell you that the enforced social distancing resulting from the COVID-19 pandemic changed a lot of business processes practically overnight. It has also changed the nature of discovery processes. This recent article from Forensic Discovery discusses how the pandemic has revolutionized discovery collection – and just how much it has been revolutionized.
Here’s Some Comic Relief on a Friday With a Complaint That Includes a Comic Book: Litigation Trends
Think all filed petitions and complaints look the same? This comic book store in Houston filed a complaint against a nearby hotel for damage to their roof. But the way they filed it was unique!
Addressing the Discovery Proportionality Challenge Starts at the Beginning: eDiscovery Best Practices
Duh! This week’s post for IPRO’s blog may seem to have an obvious title, but the history of addressing the proportionality challenge has not been to start at the beginning – it has been anything but obvious.
Here’s an Article on eDiscovery for Arbitration, From a Familiar Name to eDiscovery Buffs: eDiscovery Trends
Today is “topics inspired by former judges” day! Earlier today, I covered the Commentary from The Sedona Conference® on Rule 502(d) orders, inspired by the Hon. Andrew Peck (ret.), who made me aware of it yesterday. I also found this article on eDiscovery for arbitration – a topic which is certainly not discussed enough here or elsewhere. And this article was authored by another notable former judge, who issued some very famous eDiscovery case rulings!
The Sedona Conference Commentary on the Effective Use of Federal Rule of Evidence 502(d) Orders for Non-Waiver of Privilege: eDiscovery Best Practices
The Sedona Conference® (TSC) and its Working Group 1 on Electronic Document Retention and Production (WG1) has recently published the Public Comment Version of its Commentary on the Effective Use of Federal Rule of Evidence 502(d) Orders for non-waiver of privilege. And you need to hurry if you want to get your public comment in, as time is running short!
Here’s a Summer Refresher Virtual Conference That is Truly Refreshing!: eDiscovery Best Practices
We’re just two weeks away from the start of the eDiscovery Summer Refresher Virtual Conference, hosted by the San Diego Paralegal Association (SDPA) and the ACEDS Orange County Chapter. And I’m honored to be one of the speakers!
Sharing Passwords and Accessing Past Job Accounts is Probably WAY More Common Than You Think: Cybersecurity Trends
Yeesh! This isn’t good. According to a recent survey of more than 1,000 professionals, nearly half of them admit to sharing passwords, more than a third say they write their passwords on paper, and one in four said they still have access to accounts from past jobs!
Inside or Out? The Pros and Cons of Keeping Internal Investigations Internal
Keeping internal investigations internal is a topic Legal Software Vendors often discuss with clients (and potential clients), usually with the notion that cost and risk can be reduced by doing so. And this isn’t wrong. In fact, there are many benefits to be gained by corporate legal teams when it comes to leveraging technology for internal investigations. But does that mean all internal matters should be kept internal?
Gartner’s Executive Leader’s Guide to Cybersecurity Insurance: Cybersecurity Best Practices
Cybersecurity insurance policies protect organizations from losses due to security incidents. But, due to their complexity, executive leaders must be part of the process to receive the expected benefits from
The Ethics of AI in The Legal Profession at Legalweek: Legal Technology Trends
My most recent blog post for IPRO’s blog is (once again) about a terrific session I attended during the final installment of the virtual Legalweek(year) which was conducted last week. The session was The Ethics of AI in The Legal Profession and it was conducted by two notable industry experts who covered several aspects of the use of AI and how they can relate to legal professionals.
In Our EDRM July 2021 Monthly Webinar, eDiscovery Case Law Disputes Are as Plentiful as Ever!: eDiscovery Webinars
Let the fireworks begin! Wednesday’s EDRM July 2021 monthly webinar of cases covered by the eDiscovery Today blog celebrates our first anniversary of covering eDiscovery case law with – as always – a new slate of cases to discuss!
Oh Canada! ACEDS Has a New Canada CEDS Exam!: eDiscovery Best Practices
You may have heard that the Association of Certified E-Discovery Specialists (ACEDS) has been developing a Canadian version of their flagship CEDS program. ACEDS has now released a new beta version of their Canada CEDS exam and Canada-based eDiscovery professionals can currently take it at a huge discount!
Court Resolves Plaintiffs’ 502(d) Order Disputes with Facebook: eDiscovery Case Law
2021’s Shark Week/eDiscovery Case Week comes to an end with a case involving probably Judge Andrew Peck’s favorite Federal Rule of Evidence! In Klein, et al. v. Facebook, California Magistrate Judge Virginia K. Demarchi resolved several plaintiff disputes with Facebook regarding the terms of an order pursuant to Federal Rule of Evidence 502(d) to govern the treatment of privileged materials disclosed during discovery.
This Disease is Causing Companies to Contract Dis-Ease: Contract Management Best Practices
Drafting, reviewing, and managing contracts has become more complex than ever these days. And the COVID-19 pandemic made it harder than ever for companies to fulfill their contracts last year, forcing mass review of those contracts to determine what recourse contracting parties could take to address the situation. In a recent post by Doug Kaminski of Cobra Legal Solutions, he discusses the “Pandemic Contract Review Dilemma” and how to address it with contract management – and the next contract dilemma that may be just around the corner.
Oh Snap! Court Sanctions Plaintiff for Deletion of Eleven Snapchat Videos and Images: eDiscovery Case Law
See what I did there? 😉 Today’s Shark Week/eDiscovery Case Week post has a bite! In Doe v. Purdue, et al., Indiana Magistrate Judge Joshua P. Kolar granted the defendants’ motion for Issuance of Order to Show Cause Regarding Plaintiff’s Non-Compliance with Order and Spoliation of Evidence “with relief different than requested” for the plaintiff’s deletion of 11 Snapchat videos and images, stating “destroying data that one is under a duty to preserve is an extremely serious matter, and those who do should not be surprised to find themselves on the receiving end of a motion for sanctions.”
Compliance Rebrands its DaaS Offering to Cimplifi: eDiscovery News
It’s a three-post day because there is a lot of news today! Compliance has just announced the rebranding of its Discovery-as-a-Service (DaaS) to Cimplifi (pronounced “simplify”). Here is their release announcing their rebrand and the rationale for it.
HaystackID Honored in 2021 Legalweek Leaders in Tech Law Awards: eDiscovery News
Congrats to the HaystackID™ team for being selected as a winner in the Litigation & Discovery category and a finalist in the Data Privacy & CyberSecurity category in the 2021 Legalweek Leaders in Tech Law Awards! Here is their release announcing the recognition.
Court Orders Third Party to Search Again for Any Relevant Emails: eDiscovery Case Law
eDiscovery Case Week is at the midway point! In Hoffman v. Gdowski, Michigan Magistrate Judge Curtis Ivy, Jr. granted the plaintiff’s motion to compel, ordering third party Michigan Department of Corrections (“MDOC”) to “provide to Plaintiff any relevant emails that were sent or received by Gdowski…using any of Plaintiff’s search terms—using each term in a separate search.”
The Summer 2021 eDiscovery Business Confidence Survey Shows that the eDiscovery Market Continues to Heat Up: eDiscovery Trends
It’s time for the Summer 2021 eDiscovery Business Confidence Survey, published (as always) on Rob Robinson’s terrific Complex Discovery site. Has the confidence of individuals working in the eDiscovery ecosystem in the business of eDiscovery continued to rebound from last year’s COVID-19 downturn? Let’s see.
Court Declines to Order Defendant to Redo its Search After Self-Collection: eDiscovery Case Law
Shark week, er, eDiscovery Case Week, continues! In Maker’s Mark Distiller, Inc. v. Spalding Grp., Inc., et al., Kentucky Magistrate Judge Lanny King granted the plaintiff’s motion for protective order regarding deposition testimony concerning ‘[t]he functionality of any Claimed Trade Dress’ and granted in part and denied in part the plaintiff’s motion to compel – denying it with regard to the plaintiff’s request to compel Defendant Spalding to implement a new search protocol and redo its search, but granting it with regard to the plaintiff’s request to compel Defendant Spalding to produce additional financial records.
Thought Leader Interview with Dean Brown of IPRO: eDiscovery Trends and Best Practices
Time for another thought leader interview on eDiscovery Today! My latest interview was with Dean Brown, the CEO of IPRO, a global leader in eDiscovery technology providing integrated litigation, eDiscovery & information governance solutions who completed a major acquisition!
Special Master Grants Defendant’s Request for Production of Contextual Text Messages: eDiscovery Case Law
The shark image can only mean one thing – it’s time for Shark Week on the Discovery Channel! Which also means it’s time for eDiscovery Case Week on eDiscovery Today, where we’ll cover five cases in the next five days! In Sandoz, Inc. v. United Therapeutics Corp., No. 19-cv-10170 (D.N.J. June 16, 2021), the Special Master in New Jersey (retired District Judge Jose L. Linares) granted the relief requested by the defendant compelling Plaintiff RareGen, LLC to produce additional contextual text messages.
Plaintiffs Claim Production by Remington Includes Thousands of Random Cartoons and More: eDiscovery Trends
When it comes to court proceedings, I normally only cover judge’s rulings. However, this motion to compel by the plaintiffs in a case involving nine Sandy Hook families suing bankrupted Remington for wrongful marketing, the claims of the number and types of irrelevant documents that were produced is certainly notable.
Are Virtual Court Proceedings Here to Stay? The Federal Court System CARES About That: Legal Technology Trends
This week’s blog post for IPRO’s blog is (once again) about virtual court proceedings and whether or not they’re here to stay – but with a twist this time, related to the CARES Act!
Colorado Privacy Act Becomes Law: Data Privacy Trends
It’s a three-post day! Why? Because there is a lot of news today! TODAY, the state of Colorado officially enacted the Colorado Privacy Act (CPA) following Gov. Jared Polis, D-Colo., signing bill SB21-190 into law. In passing the law, Colorado became the third U.S. state, following California in 2018 and Virginia earlier this year, to enact comprehensive privacy legislation. The CPA will go into effect on July 1, 2023.
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