Blog

This Sedona Conference Publication Can Help Identify a Reasonable Security Test for PII: eDiscovery Best Practices

A few days ago, The Sedona Conference® (TSC) and its Working Group 11 on Data Security and Privacy Liability (WG11) announced a new commentary on a reasonable security test.  Here’s information on what it’s about and where you can find it. TSC and WG11 announced that The Sedona Conference Commentary on a Reasonable Security Test […]

Court Finds Angels Somewhat Less Afraid to Tread on Search Terms This Time: eDiscovery Case Law

In Murray v. City of Warren, No. 19-13010, Michigan Magistrate Judge R. Steven Whalen granted the plaintiff’s Motion to Compel Discovery and Motion to Compel Defendant’s Answers to Plaintiff’s Second Request to Produce in part and denied it in part, including his ruling regarding search terms that “some of the designated search terms are evidently relevant” while, for others, “the parties should follow the procedure set forth” in McMaster v. Kohl’s Dep’t Stores, Inc., “and if they cannot agree on additional, appropriately narrowed terms, will share in the cost of an expert to assist them.”

Here are European Guidelines on the Targeting of Social Media Users: Data Privacy Trends

Even with two posts a day, so many stories, so little time. Here’s one I’ve been wanting to cover for nearly a week. Rob Robinson’s excellent Complex Discovery site not only has great surveys and data compilations, it also covers other publications and articles that relate to the industry, as well. Last Friday, ComplexD covered recently published European guidelines on the targeting of social media users.

If “Angels Fear to Tread” into Search Terms, Why Are Lawyers So Confident About Them?: eDiscovery Best Practices

Last month, I covered the case McMaster v. Kohl’s Dep’t Stores, Inc. where Michigan Magistrate Judge R. Steven Whalen gave what I thought was a well-considered ruling regarding the parties’ search term dispute. He ordered the parties to consult an expert to assist them in resolving the dispute, but I’ve seen other judges rule on search term disputes themselves. Is that a good thing and do lawyers and judges understand search terms as well as they think they do? Here’s why I don’t think so.

There Will Be “No Airing of Grievances” This Year, Relativity Fest is Free!: eDiscovery Trends

In the immortal words of Frank Costanza (played by the late Jerry Stiller), this year, it’s truly a “Festivus for the rest of us”! Relativity Fest starts today, and, like any conference these days, it’s a virtual conference this year. But, not only that – this year, Relativity has decided to provide the conference free to all attendees!

Getting a “Clue” About eDiscovery Stakeholders, Part Two: eDiscovery Best Practices

Anybody remember the old board game “Clue”? It’s been around so long, even I played it as a kid. Yesterday, I started discussing stakeholders in a typical eDiscovery project by using the board game “Clue” to illustrate those various potential stakeholders. I discussed the first three stakeholders yesterday, here are the remaining three.

Court Denies Plaintiffs’ Motion to Compel to Prohibit Defendants From Using Their TAR Protocol: eDiscovery Case Law

In Livingston v. City of Chicago, Illinois Magistrate Judge Young B. Kim denied the plaintiffs’ motion to force the defendant to either use agreed-upon search terms to identify responsive documents and then perform a manual review for privilege or use TAR on the entire ESI collection with an agreed-upon coding system for responsiveness instead of the defendant’s proposed TAR protocol to use TAR to identify responsive documents from the documents retrieved by the search terms.

Getting a “Clue” About eDiscovery Stakeholders, Part One: eDiscovery Best Practices

On Tuesday, I started a new series for the Ipro blog regarding the 5 Stakeholder Groups of the IGRM. But, I also recently covered project management best practices for a company training that I did recently and one of the topics within that discussion was eDiscovery stakeholders, where we used the board game “Clue” to illustrate the various potential stakeholders in a typical eDiscovery project. So, here is a two-part series to discuss that!

Court Awards Plaintiff Terminating Sanctions for Defendant’s “Shell Game” Regarding Audio Recording: eDiscovery Case Law

In Talbot v. Foreclosure Connection, Inc., Utah District Judge Clark Waddoups granted the plaintiff’s Motion for Sanctions on the ground that the defendants engaged in discovery abuses, awarding default judgment to the plaintiff in the amount of $18,657.49, as well as attorney’s fees to be determined and a sanction amount of $2,500 to be paid by defense counsel to the plaintiff.

Here’s a Webinar That Will Discuss Discovery of Audio/Video Files in 2021 and Beyond: eDiscovery Webinars

The volume of data stored as audio and video files has grown considerably in recent years. That growth has “mushroomed” in 2020, with so many meetings being conducted and recorded via Zoom and other web conferencing platforms. Discovery of this critical source of evidence can no longer be dismissed. But, what are the challenges and considerations for effective discovery of audio and video files, what do courts expect regarding their discoverability, and how can technology streamline audio/video discovery workflows today? Here’s a webinar to learn the latest “ins and outs” of audio/video discovery!

George Socha, Co-Founder of EDRM, Joins Reveal: eDiscovery Breaking News

Breaking News! Reveal, a global eDiscovery technology company, today announced that George Socha, co-founder of EDRM, has joined Reveal as Senior Vice President of Brand Awareness. With his unrivaled expertise, Socha will help guide development of the product roadmap and will consult with Reveal customers on effective deployment of legal technology.

Court Orders CBS to Produce All Audio/Video Recordings Associated with Police Civil Rights Case: eDiscovery Case Law

In Tate v. City of Chicago, Illinois Magistrate Judge Jeffrey T. Gilbert granted in part and denied in part CBS’s Motion to Quash Defendants’ Subpoenas Duces Tecum. Judge Gilbert granted it to the extent that CBS “need not produce any notes or documents concerning interviews with Plaintiffs or any communications, correspondence, text messages or other messages between individuals at CBS, Plaintiffs, or Plaintiffs’ attorneys”. But, he denied CBS’s motion to the extent “CBS is ordered to produce any and all video or audio recordings containing Plaintiffs’ statements regarding the search of their residence on August 9, 2018, and the events that followed”.

Document Review Isn’t Your Father’s Document Review Anymore: eDiscovery Trends

I’m an old school guy that loves old, classic cars. I even had one for a few years – a 1963 Ford Falcon convertible that I bought on eBay (my first purchase ever on eBay, so talk about jumping right into it!). Cars from that era were simpler to maintain and fix whereas today’s cars are computerized and you have to take them to a service shop for even the simplest maintenance or repairs. As a recent article from Compliance illustrates, document review isn’t so simple anymore either.

Observations from the Annual ILTA Conference: eDiscovery Trends

A couple of weeks ago, at the end of the International Legal Technology Association’s (ILTA) annual conference, which went virtual this year as ILTA>ON, I asked for people to provide their thoughts as a post mortem about this year’s conference, which was the first major conference in the annual legal technology calendar to be conducted as a virtual conference. Took a while to get some feedback and observations and even more time for me to go through them, but here they are, along with my own at the end of this post.

Court Denies Plaintiffs’ Request for Discovery About Discovery as “Mere Speculation”: eDiscovery Case Law

In Gross v. Chapman, Illinois Magistrate Judge Jeffrey Cole denied the plaintiffs’ motion for additional discovery on discovery in part and granted it in part “but only insofar as defendants must produce the attachments to text in reviewable format within 10 days of this Opinion”. Judge Cole also denied the defendants’ motion for a protective order barring discovery of their vendor as moot, given the ruling on plaintiffs’ motion.

Five Considerations for Custodian Readiness Interviews in 2020, Part Two: Information Governance Best Practices

Today’s weekly blog post for Ipro’s blog concludes the two part series on considerations for custodian readiness interviews. Last week, I discussed the first three considerations for effective eDiscovery custodian interviews in 2020; today, I completed the two-part series by discussing the remaining two considerations.

Tomorrow’s Webinar Will Help You Identify eDiscovery Opportunities and Threats to Address in 2020: eDiscovery Best Practices

Since the onset of the COVID-19, the opportunities and threats organizations face (including those associated with discovery) have changed – dramatically. What is your organization doing to assess its strengths and weaknesses in responding to the opportunities and threats resulting from the pandemic? Tomorrow’s webinar will discuss best practices for preparing a SWOT analysis and updating it to address today’s COVID-19 world!

Criminal or Regulatory Investigations May Be the Way Get Companies to Disclose Data Breaches Promptly: Cybersecurity Trends

How many states have data breach notification laws? You might be surprised – answer below. Regardless of that, companies still don’t always notify customers and other individuals and entities affected promptly, leaving their data exposed potentially for months. Maybe it will take criminal and/or regulatory enforcement actions to change that.

Here is the Slide Deck for Today’s EDRM Case Law Webinar: eDiscovery Webinars

Earlier today, EDRM hosted the webcast Important eDiscovery Case Law Decisions for September 2020 where we had a great discussion regarding key cases related to cooperation disputes, including disputes related to in camera review, boilerplate objections, forensic analysis and search terms. If you missed it or want a link to the slide deck, check out both here.

EDRM Gets an “Illuminating” Makeover and Talks to Me About Last Week’s ILTA Conference: eDiscovery Trends

EDRM has been busy since Mary Mack and Kaylee Walstad acquired the well-established standards organization last year, with the announcement of its new EDRM Hub online job, event and service provider portal back in April and announcement of its new virtual EDRM ExpoCom conference slated for February of next year. Now, they’ve just rolled out a new makeover of the EDRM site itself!

Here are Some Disruptive Stats in Discovery: eDiscovery Trends

Wednesday’s Litigation Support Day during the ILTA>ON virtual conference – conducted by the International Legal Technology Association (ILTA) – had several great sessions, including the Disruption in eDiscovery session conducted by David Greetham of Ricoh and Jeffrey Shapiro of EY with some interesting poll results of the audience.

Friday Happenings at the ILTA-ON* Virtual Conference: eDiscovery Trends

As I discussed last week (and have discussed all this week as well), the International Legal Technology Association’s (ILTA) annual conference has gone virtual this year and ILTA>ON has been running throughout the week. Let’s see what’s happening today, the last day of the conference! And, I want your feedback on the conference and will publish that feedback next week!

In the “War of the Roses”, Faking Electronic Evidence in Divorce Court is Not Uncommon: eDiscovery Trends

The 1989 dark comedy The War of the Roses with Michael Douglas and Kathleen Turner had the tagline “Once in a lifetime comes a motion picture that makes you feel like falling in love all over again. This is not that movie.” Needless to say, getting divorced can sometimes feel like going to war. And, when it comes to electronically stored information (ESI) presented to the court, not all wars are fought fairly.

Thursday Happenings at the ILTA-ON* Virtual Conference: eDiscovery Trends

As I discussed last week, the International Legal Technology Association’s (ILTA) annual conference has gone virtual this year! ILTA>ON runs throughout the week, with five full days of legal technology and professional education sessions, with several virtual social outings as well. Yesterday, we saw several great sessions for Litigation Support Day! Let’s see what’s happening today!

Clawbacks, Redactions, and Formats…Oh My! at ILTA-ON Today: eDiscovery Best Practices

As I’ve been noting all week, I’ll be speaking today at 12:45pm CT in the Litigation Support track at the ILTA>ON virtual conference. The session is titled Clawbacks, Redactions, and Formats…Oh My! will also include Rachel McAdams, eDiscovery Technical Specialist with A&L Goodbody; Cristin Traylor, Discovery Counsel with McGuire Woods LLP and Cindy MacBean, Litigation Support Manager with Honigman LLP (who will be moderating). Whether you’re able to attend the session or not, here are a couple of notable topics we’ll be discussing during the session.

Wednesday Happenings at the ILTA-ON* Virtual Conference: eDiscovery Trends

As I discussed last week, the International Legal Technology Association’s (ILTA) annual conference has gone virtual this year! ILTA>ON runs throughout the week, with five full days of legal technology and professional education sessions, with several virtual social outings as well. Yesterday, we saw another great keynote from Jia Jiang, with great sessions in four tracks! Today is Litigation Support Day! Let’s see what’s happening today!

The What, Where, When, Who, Why of Organization Data Maps: Information Governance Best Practices

Today’s weekly blog post for Ipro’s blog concludes my two part series about updating your organization Data Map, This week, I discuss the What, Where, When, Who and Why of organization data maps and the questions it needs to answer to be meaningful and useful for your organization. I also identify a very useful resource for data map templates that also address requirements to track individual data to comply with GDPR privacy laws.

Tuesday Happenings at the ILTA-ON* Virtual Conference: eDiscovery Trends

As I discussed last week, the International Legal Technology Association’s (ILTA) annual conference has gone virtual this year! ILTA>ON runs throughout the week, with five full days of legal technology and professional education sessions, with several virtual social outings as well. Yesterday, we saw a great keynote from Stephen Carver, with several other great sessions (with around 500 attendees in each that I attended)! Let’s see what’s happening today!

Loading…

Something went wrong. Please refresh the page and/or try again.