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.

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.

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.

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 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!

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?

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.

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.”

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.

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.

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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