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Tomorrow’s Webinar That Will Show You How to Craft an eDiscovery Plan to Benefit Legal, IT & Compliance: eDiscovery Webinars

Data collection is not a departmental island — in fact, it’s crucial that key departments, including IT, legal, and compliance, work together to get the job done right. Unfortunately, this is easier said than done, and teams can often find themselves disjointed and unorganized when it comes to eDiscovery. As the need to easily find the right data across multiple SaaS applications continues to grow, bringing on the right eDiscovery tool can get to the heart of the issue. Here’s a webinar tomorrow that will show you how the right eDiscovery plan can benefit Legal, IT and Compliance!

by Doug Austin

Selecting the Right eDiscovery Technology is Hard. AITHERAS is a Company That Can Help: eDiscovery Best Practices

I don’t have to tell you that there are a lot of technology solution choices in the eDiscovery world. And many of them are built to support different phases in the EDRM life cycle. I hear from people all the time that it’s challenging to figure out the right solution to support their needs when there are so many choices and product capabilities and features to analyze. Here is a consulting company that can work with you to match your organization’s needs to a solution that best fits those needs – at the best possible price!

by Doug Austin

Twitter’s Rollout of its New Fleets Was – Fleeting: eDiscovery Trends

Well, that de-escalated quickly! On Tuesday, announced a global launch of “Fleets,” the ephemeral tweeting feature it first announced earlier this year and tested in various markets around the globe. One day later, Twitter decided to temporarily pause the Fleets rollout. Apparently, they were a little too “fleet” with that rollout!

by Doug Austin

ACEDS Has a New Look!: eDiscovery Trends

It’s also new website design week! :o) Yesterday, I discussed the terrific new UI for the definitive source for eDiscovery case law – eDiscovery Assistant. But, it’s not the only site with a makeover – the ACEDS website also has a new look as well!

by Doug Austin

Think That There Has Been Less Case Law This Year Because of the Pandemic? Nope: eDiscovery Case Law

It’s eDiscovery Case Law Day! Today at 1pm, we’ll be conducting our EDRM November case law webinar, with Tom O’Connor, Mary Mack and Hon. Andrew Peck (Ret.). You might think that, in the year of the pandemic, we have less eDiscovery case law rulings to choose from. In fact, we have more than ever, according to the definitive source for eDiscovery case law – eDiscovery Assistant.

by Doug Austin

Here’s a Way to Bring More “Reality” to Virtual Conferences – Virtually: eDiscovery Trends

Let’s face it, our conferences, meetings and other gatherings are going to continue to be virtual for the foreseeable future during this pandemic and the ones that have taken place so far, while providing excellent education, have been challenged to reproduce the networking aspects of in-person conferences that we’ve come to expect. So, how do we address the challenge of making virtual conferences more rewarding? Perhaps (with a little help from EDRM) inject a little virtual reality into them!

by Doug Austin

Craig Ball Also Weighs in on Links to Files in Emails: eDiscovery Best Practices

As I discussed last week, Kevin Clark, Litigation Support Manager at Thompson & Knight LLP, submitted two terrific topics that I not only thought would be great to cover on the blog, I also decided to get Craig Ball’s perspective on both of them. In last week’s post, he discussed the considerations associated with embedded graphics in emails. Today, he discusses considerations associated with links to files in emails.

by Doug Austin

Focusing on the Total Cost of eDiscovery Review? Appropriately Matching Requirements and Reviewers

The magnification of the task of review brought about by social distancing requirements associated with the COVID-19 pandemic has led to a proliferation of announcements regarding the availability of review offerings, the establishment of new programs, and the introduction of services to support the expanded review intricacies of today’s new remote workplace. The following overview of our ReviewRight Match Selection Program highlights our experience and commitment to quality in this area as it represents the most comprehensive and enduring review selection program in the eDiscovery ecosystem.

by HaystackID

In Case You’re Wondering, Corporate Investigations Are Up Too: eDiscovery Trends

It’s 2020, so what else did you expect? You’ve probably heard that we’re seeing a lot more litigation as a result of the pandemic and the resulting economic crisis – I’ve covered that trend here, here, here and here. And, because of California’s California Consumer Privacy Act (CCPA), data privacy compliance is on the rise too. So, why would you think that corporate investigations are any different? They aren’t and a recent blog post from H5 illustrates why they’re on the rise too.

by Doug Austin

Craig Ball Weighs in on Embedded Graphics in Emails: eDiscovery Best Practices

Have I mentioned lately how I love it when readers submit topics to cover on eDiscovery Today? One reader (and good friend) Kevin Clark, Litigation Support Manager at Thompson & Knight LLP, submitted two terrific topics that I not only thought would be great to cover on the blog, I also decided to bring in a well-known expert (Craig Ball) to weigh in on both of them. I’ll cover the first one (embedded graphics in emails) today and the second one (links to files in emails) in a few days.

by Doug Austin

Here’s a Webinar That Will Show You How to Craft an eDiscovery Plan to Benefit Legal, IT & Compliance: eDiscovery Webinars

Data collection is not a departmental island — in fact, it’s crucial that key departments, including IT, legal, and compliance, work together to get the job done right. Unfortunately, this is easier said than done, and teams can often find themselves disjointed and unorganized when it comes to eDiscovery. As the need to easily find the right data across multiple SaaS applications continues to grow, bringing on the right eDiscovery tool can get to the heart of the issue. Here’s a webinar that will show you how the right eDiscovery plan can benefit Legal, IT and Compliance!

by Doug Austin

Here’s a New Industry Initiative to Develop a Proportionality Benefit-Burden Model: eDiscovery Best Practices

Since the 2015 changes to the Federal Rules of Civil Procedure (FRCP), proportionality in eDiscovery has become more emphasized – and rightly so. But the process of balancing benefit and burden to determine what’s proportional has been highly subjective before and since the Rules changes. Here’s a new industry initiative that is looking to develop a model to make the process less subjective and more defensible.

by Doug Austin

Court Denies Plaintiff’s Motion for Sanctions for Cruise Line Video Spoliation: eDiscovery Case Law

In Reed v. Royal Caribbean Cruises, Ltd., Florida Magistrate Judge John J. O’Sullivan denied the plaintiff’s Motion for Sanctions for Spoliation of Evidence and Supporting Memorandum of Law for failing to preserve video beyond the six minutes of video it preserved of an incident that happened aboard the defendant’s cruise ship that resulted in injury to the plaintiff, finding the amount of video preserved “to be sufficient”.

by Doug Austin

Here’s a Webinar That Will Help You Understand How Your Clients Feel About Your Company: eDiscovery Webinars

Net Promoter Score (“NPS”) is arguably the gold standard and leading metric of customer loyalty for corporate America. Two-thirds of Fortune 1,000 companies have employed NPS surveys (with one CEO going so far as describing it as religion). It may make you wonder: what is all of this about, and most importantly, what’s our NPS or the NPS of providers that our organization is considering? Here’s a webinar that will help you understand the importance for understanding how your clients perceive your business or how clients of your providers perceive them.

by Doug Austin

Desktop Users! One Out of Five of You is Running on An Insecure, Unsupported Operating System: Cybersecurity Trends

If you’re reading this blog post on your desktop system (i.e., any computer using a desktop operating system, like PCs and Macs), chances are you’re doing so on a computer with a Windows 10 operating system. But one out of five of you is reading this blog post on an 11-year-old operating system that is not secure, not supported, and much more subject to cybersecurity issues.

by Doug Austin

Cyberattacks Are the Other Edge of the Sword with Regard to COVID-19 and Remote Work: eDiscovery Trends

Last week, I covered a story regarding how remote work not only has improved productivity and work quality, we may also continue to see the remote work model indefinitely. But, as swords have two sides to them, so does the pandemic and the remote work trends that relate to it. This recent article from Compliance shows us that other side with some startling COVID-19 related cybersecurity statistics and recommendations for addressing the increased cyber challenges many companies are facing this year.

by Doug Austin

This Year, The Annual “Mashup” Will Be Different: eDiscovery Trends

This year has been quite a bit different in a LOT of ways. If you’ve followed my blogging over the past several years, you know that every year, I cover the eDiscovery Market Size Mashup that Rob Robinson compiles and presents on his Complex Discovery site each year. And, each year, the eDiscovery software and Services market has continued an upward trend (the only question in past year has been how high is it rising?). But, as I mentioned before, this year is different, so before we can even have a mashup, there has to be an adjustment to the 2020 baseline.

by Doug Austin

Court Awards Defendant Over $750K in TAR Costs Shifted to the Plaintiff: eDiscovery Case Law

In Lawson v. Spirit Aerosystems, Inc., Kansas Magistrate Judge Angel D. Mitchell, having previously granted the defendant’s motion to shift the expenses it incurred in connection with TAR of approximately 322,000 documents (covered here), granted in part and denied in part the defendant’s Application for TAR Expenses, awarding the defendant $754,029.46 in TAR expenses (out of $791,700.21 sought). Judge Mitchell also awarded the defendant its expenses incurred in connection with the application, allowing the defendant to file a renewed application with the required fee detail.

by Doug Austin

This Year’s Halloween Themed eDiscovery Blog Post is Infectious.

Too soon? Maybe you’re right. It is a day early. But, tomorrow is Halloween! This is my eleventh(!) year (first on this blog) to identify stories to try to “scare” you with tales of eDiscovery, data privacy and cybersecurity horrors because it is, after all, an eDiscovery blog. Let’s see how I do this year. Gee, I hope somebody sees this!

by Doug Austin

Court Rules that Rule 37(e) Forecloses Reliance on Inherent Authority in Denying Sanctions Request: eDiscovery Case Law

In Alsadi v. Intel Corp., Arizona District Judge David G. Campbell, among other rulings, denied the plaintiff’s motion for a negative inference for failing to collect data from a gas detector regarding hazardous emissions, citing Small v. Univ. Med. Ctr. in stating “The 2015 amendment to Rule 37(e) now ‘forecloses reliance on inherent authority’ to determine whether and what sanctions are appropriate for a party’s loss of discoverable ESI.”

by Doug Austin

How Often Are Police Getting Access to Locked Phones? More Than You Might Think: eDiscovery Trends

If you’ve followed my blogging over the years, you know that I have written about law enforcement battles with smartphone manufacturers (usually Apple) over access to locked iPhones a few times. There was the gunman in the San Bernardino terrorist shooting back in 2016 in which the FBI, after disputes with Apple over providing back door access to law enforcement, was able to use an “unnamed third party” to gain access to that iPhone. And, earlier this year, experts indicated that they could also do it without Apple’s help. Apparently, getting into locked phones happens more often than you might think.

by Doug Austin

Pop Quiz! The Plural of Emoji is?: eDiscovery Best Practices

Shocked face! If you said “emojis”, then you’re wrong. It’s still “emoji”. But, that’s only the tip of the iceberg of what you can learn in a new white paper out on the topic of emoji and how it impacts not only workplace communication, but how that workplace communication is discoverable.

by Doug Austin

This E-Discovery Day Webcast Will Help You Deal with the Departed: eDiscovery Webcasts

Employees, that is – not the 2006 Martin Scorsese movie. As harsh as it sounds, every departing employee poses a risk to your business if the transition is not correctly managed and documented. This risk ranges from inadvertent access to sensitive company information as basic as internal organizational charts to deliberate efforts to acquire and use economically essential customer lists and contracts for competitive advantage. Here’s an E-Discovery Day webcast that will help you address the risks associated with departed employees.

by Doug Austin

Since Attempt to Moot Discovery Dispute Fails, Court Grants Motion to Compel: eDiscovery Case Law

In Timmerman Starlight Trucking, Inc. v. Ingredion Inc., California Magistrate Judge Allison Claire granted the plaintiff’s motion to compel, finding the defendant’s arguments were “not persuasive” with regard to its attempt to moot the discovery dispute by concessions and also refused to delay ruling on the matter because of COVID-19 complications and the closing of its counsel’s law firm and merger with another firm.

by Doug Austin

This Could Be a Way to Make Adoption of eDiscovery Technology Easier for Attorneys: eDiscovery Trends

Do you think the legal industry as a whole is well versed in eDiscovery technology? I don’t. Sure, there are a number of tech savvy attorneys out there who really understand eDiscovery (and know a lot about technology in general), but, as a general rule, I believe that most don’t understand eDiscovery technology very well. However, this recent article from Compliance illustrates a way to perhaps change that.

by Doug Austin

Collaborate with Ipro and Me on a Terrific Webinar about Collaboration Platform Discovery: eDiscovery Best Practices

The use of collaboration apps like Slack and Microsoft Teams are even more in the spotlight than they already were as they are vital to support a remote workforce in this pandemic. But these collaboration tools also give rise to concerns for legal professionals everywhere. Here’s a webinar that will discuss the challenges of collaboration platform discovery and how to address them.

by Doug Austin

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