Posts Tagged ‘electronic discovery’

Off the Record? Workplace Perils of Video Recording and Social Media

Off the Record? Workplace Perils of Video Recording and Social Media

With seemingly every employee having access to a smart-phone or other recording device, employers without strong social media policies may be placing themselves at greater risk of creating workplace incidents that could be avoided.


eDiscovery Business Confidence Survey – Spring 2016

eDiscovery Business Confidence Survey - Spring 2016

The eDiscovery Business Confidence Index Survey is designed to provide insight into the business confidence level of individuals working in the eDiscovery ecosystem. Individual answers are kept confidential, with the aggregate results to be published on ComplexDiscovery upon completion of the response period. Take the survey now.


An eDiscovery Market Size Mashup: 2015-2020 Worldwide Software and Services Overview

An eDiscovery Market Size Mashup: 2015-2020 Worldwide Software and Services Overview

Taken from a combination of public market sizing estimations as shared in leading electronic discovery reports, publications and posts over time, the following eDiscovery Market Size Mashup shares general worldwide market sizing considerations for software and services in the electronic discovery market for the years between 2015 and 2020.


Evaluating the Legal Cloud and the Potential for Risk

Evaluating the Legal Cloud and the Potential for Risk

As cloud applications are gaining increased acceptance in the legal world, law firms and organizations need to develop intelligent policies to mitigate risks to protect client and firm data


EDna Edition: The Week’s Five Great Reads on Information Governance and eDiscovery

EDna Edition: The Week's Five Great Reads on Information Governance and eDiscovery

This week’s newsletter highlights five key posts on information governance and electronic discovery that are presented to inform and update legal and information technology professionals.


The EDna Challenge – Part Two (ACEDS Extract)

The EDna Challenge - Part Two (ACEDS Extract)

An all-star ACEDS panel led by eDiscovery expert Craig D. Ball visits the question of how to conduct eDiscovery in 2016 on a $5,000 budget.


Are Changes in Store for the Stored Communications Act?

Are Changes in Store for the Stored Communications Act?

Last week saw action on two fronts regarding the Stored Communications Act (SCA) – the US federal statute regulating government searches of online accounts in criminal investigations.


ACEDS Edition: The Week’s Five Great Reads on Information Governance and eDiscovery

ACEDS Edition: The Week's Five Great Reads on Information Governance and eDiscovery

This week’s newsletter highlights five key posts on information governance and electronic discovery that are presented to inform and update legal and information technology professionals.


Get What You Pay for or You Pay for What You Get

Get What You Pay for or You Pay for What You Get

“In the final analysis, you may not always get what you pay for, but you pay for what you get. And sometimes what you pay for is more than what you thought you bargained for.”


#ACEDS2016 | Live News Feed

#ACEDS2016 | Live News Feed

The #ACEDS2016 Live News Feed provides legal and information technology professionals with quick reference to 2016 ACEDS E-Discovery Conference and Exhibition specific news via short headlines and link addresses, presented by Twitter under the hashtag #ACEDS2016.


Artificial Intelligence: Marketing Buzzword, or Reality?

Artificial Intelligence: Marketing Buzzword, or Reality?

Predictive coding, the “flavor of the day,” as Lewis put it, relies on supervised machine learning algorithms to reduce the number of documents that lawyers must review, and probably does reduce the cost of a project, he said.


EDna: Still Cheap and Challenged

EDna: Still Cheap and Challenged

About seven years ago, I e-mailed a hypothetical to colleagues seeking their advice about how to process and review an unprepossessing volume of ESI for production in e-discovery. The intelligence they shared became fodder for The EDna Challenge and, I like to think, helped promote lower cost e-discovery options in the marketplace.


A Tale of Two Cases: Sanction Battles Under the Amended Federal Rules

A Tale of Two Cases: Sanction Battles Under the Amended Federal Rules

When the amended Federal Rules of Civil Procedure went into effect on December 1 of last year, perhaps the most controversial change was the updated Rule 37(e). That is the rule which governs when and how sanctions can be imposed when one party loses electronic information in litigation. But litigators say that as courts have applied Federal Rule of Civil Procedure Rule 37(e), including a new ruling from the U.S. District Court for the Southern District of Florida, the rule seems be working as intended.


The Modular Legal World

The Modular Legal World

Lawyers who have not already done so need to think about modularity in their practices. Having lawyers in a firm or law department continuously repeating what others have done does not add value.


EDRM Releases New E-Discovery Reference Model Chart on a Wall Poster

EDRM Releases New E-Discovery Reference Model Chart on a Wall Poster

The purpose of the new printable poster is to serve as an educational piece and a reference chart for law firms, corporations and service and software providers involved in the e-discovery process.


Predictive Coding Issue: The Week’s Five Great Reads on Information Governance and eDiscovery

Predictive Coding Issue: The Week's Five Great Reads on Information Governance and eDiscovery

This week’s newsletter highlights five key posts on information governance and electronic discovery that are presented to inform and update legal and information technology professionals.


Predictive Coding with Multiple Reviewers Can Be Problematic

Predictive Coding with Multiple Reviewers Can Be Problematic

Not every eDiscovery case merits detailed examination of the accuracy of the search process. But knowledge of the variables that affect that accuracy can help to select the right tools and methods.


Deactivating Your Facebook While in Litigation May Be Destruction of Evidence

Deactivating Your Facebook While in Litigation May Be Destruction of Evidence

Deactivating your Facebook account while in litigation may be destroying evidence that could be sanctioned by the court for spoliation of evidence.


Five Reasons You Should Read “Continuous Active Learning for TAR”

Five Reasons You Should Read “Continuous Active Learning for TAR”

Adoption of TAR has been remarkably slow, considering the amount of attention these offerings have received since the publication of the first federal opinion approving TAR use (seeDa Silva Moore v. Publicis Groupe, 287 F.R.D. 182 (S.D.N.Y. 2012)).


Simple Beats Precise: No Need for Carve-Outs Before Using Previously Produced Discovery

Simple Beats Precise: No Need for Carve-Outs Before Using Previously Produced Discovery

Magistrate Judge Beeler found that uPI’s proposed process to carve out certain documents would be too burdensome on both the parties and the court, and thus contrary to the principal of proportionality in FRCP 26.


Beep, Beep! Terminating Sanctions against Defendant for Spoliation Affirmed on Appeal

Beep, Beep! Terminating Sanctions against Defendant for Spoliation Affirmed on Appeal

In Roadrunner Transportation Services, Inc. v. Tarwater, Nos. 15-55448 and 14-55529 (9th Cir., Mar. 18, 2016), the Ninth Circuit affirmed the district court’s entry of default judgment and award of attorneys’ fees in favor of the plaintiff, ruling that the district court did not abuse its discretion by entering default judgment as a sanction for the defendant’s deletion of data from his laptop computers . The Ninth Circuit also affirmed the district court’s award of $325,000 in attorneys’ fees to the plaintiff and also affirmed the lower court ruling to limit the plaintiff’s compensatory damages to the four customers specifically identified in the First Amended Complaint.


Panama Papers Edition: The Week’s Five Great Reads on Information Governance and eDiscovery

Panama Papers Edition: The Week's Five Great Reads on Information Governance and eDiscovery

This week’s newsletter highlights five key posts on information governance and electronic discovery that are presented to inform and update legal and information technology professionals.


A Short History Of Deep Learning — Everyone Should Read

A Short History Of Deep Learning -- Everyone Should Read

Deep learning is a topic that is making big waves at the moment. It is basically a branch of machine learning (another hot topic) that uses algorithms to e.g. recognize objects and understand human speech.


Introduction to Discovery in U.S. Civil Litigation

Introduction to Discovery in U.S. Civil Litigation

Until the mid-20th century, the trial of a civil lawsuit was an exercise in ambush. Parties to litigation knew little about an opponent’s claims or defenses until aired in open court. A lawyer’s only means to know what witnesses would say was to somehow find them before trial and persuade them to talk about the case.