Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.

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eDiscovery Trends: 2011 Predictions — By The Numbers

Comedian Nick Bakay always ends his Tale of the Tape skits where he compares everything from Married vs. Single to Divas vs. Hot Dogs with the phrase “It’s all so simple when you break things down scientifically”. The late December/early January time frame is always when various people in eDiscovery make their annual predictions as to what trends to expect in the coming year. I thought we would take a look at other predictions and see if we can spot some common trends among those. Here they are.

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State eDiscovery Rules: Wisconsin Adopts Amendments to Rules for eDiscovery

On November 1 of last year, we noted on this blog that Oklahoma had become the latest state to adopt amendments to their Rules of Civil Procedure, leaving only 14 states (including DC) to not have enacted any rules changes that address discovery of ESI as of January 1st of this year. That’s because on January 1, Wisconsin became the latest state to adopt eDiscovery amendments to their Rules of Civil Procedure.

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eDiscovery Case Law: Crispin v. Christian Audigier Inc.

Discoverability of social media content has been a big topic this year, with several cases addressing the issue. The holiday week look back at cases concludes with Crispin v. Christian Audigier Inc., 2010 U.S. Dist. Lexis 52832 (C.D. Calif. May 26, 2010), which addresses whether ‘private’ data on social networks is discoverable.

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eDiscovery Case Law: Major Tours v. Colorel

The holiday week look back at cases continues with Major Tours, Inc. v. Colorel, 2010 WL 2557250 (D.N.J. June 22, 2010), which addresses whether a party may obtain a Protective Order relieving it of the duty to access backup tapes, even when that party’s failure to issue a litigation hold resulted in the data only being available on those backup tapes.

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eDiscovery Case Law: Rajala v. McGuire Woods

The holiday week look back at cases continues with Rajala v. McGuire Woods LLP, (D. Kan. July 22, 2010), which addresses the applicability of Federal Rule of Evidence 502(d) and (e) in McGuire Woods’ request for a clawback provision for privileged documents.

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eDiscovery Case Law: Pension Committee

This holiday week, we’re taking a look back at some of the cases which have had the most significance (from an eDiscovery standpoint) of the year. The first case we will look at is The Pension Committee of the Montreal Pension Plan v. Banc of America Securities, LLC, 29010 U.S. Dist. Lexis 4546 (S.D.N.Y. Jan. 15, 2010) (as amended May 28, 2010), commonly referred to as “Pension Committee”.

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eDiscovery Trends: Myth of SaaS Insecurity Finally Busted

Eleven years ago, when I first began talking to attorneys about hosting document collections online to manage the review and production process for discovery, the typical response that I got was “I would never consider putting my client’s documents online – it’s just not secure”. These days, few folks seem to have that concern any more when it comes to putting sensitive data and documents online.

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eDiscovery Project Management: Effectively Manage your Time

Of all the project management techniques and activities we’ve discussed in the past weeks in this blog series, this is the one that gives many people the most trouble. There is no set of rules I can list that’s going to work well for everyone. I can, however, give you some tips to consider that may improve your time management skills.

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eDiscovery Trends: Social Media in Litigation

Yesterday, we introduced the Virtual LegalTech online educational session Facing the Legal Dangers of Social Media and discussed what factors a social media governance policy should address. The session also addressed social media in litigation, discussing several considerations about social media, including whether it’s discoverable, how it’s being used in litigation, how to request it, how to preserve it, and how to produce it.

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eDiscovery Trends: Social Media Policies to Manage Risk

As noted previously, ALM hosted another Virtual LegalTech online “live” day online last week. Another session from “live” day was Legal Dangers of Social Media. As noted previously in this blog, having a social governance policy in place is a good idea to govern use of outside email, chat and social media that covers what employees should and should not do. From the session, here are some factors that a good social governance policy should address.

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