Tuesday’s ILTACON Sessions: eDiscovery Trends

By : Doug Austin

As noted yesterday, the International Legal Technology Association (ILTA) annual educational conference of 2015 (now known as ILTACON) is happening this week and eDiscovery Daily will be reporting this week about the latest eDiscovery trends being discussed at the show. If you’re in the Las Vegas area, come check out the show at Caesars Palace – there are a number of sessions available and over 190(!) exhibitors providing information on their products and services. Here are sessions in the main conference tracks today.

Welcome to ILTACON 2015!: eDiscovery Trends

By : Doug Austin

The International Legal Technology Association (ILTA) annual educational conference of 2015 (now known as ILTACON) kicked off yesterday with several networking events, and begins in earnest today with the first day of sessions. If you’re in the Las Vegas area, come check out the show at Caesars Palace – there are a number of sessions available and over 190(!) exhibitors providing information on their products and services. Here are sessions in the main conference tracks today.

Get Ready for ILTACON!: eDiscovery Trends

By : Doug Austin

It’s a rare Saturday post for us as we get ready for ILTACON 2015, the (newly named this year) annual educational conference for the International Legal Technology Association (ILTA), which will be at Caesars Palace in Las Vegas this year. It starts tomorrow with several networking events, and begins in earnest on Monday with the first day of sessions. Just a warning, Caesars Palace is not pager friendly! Here are a few resources to help you get ready.

Here’s a New Dataset Option, Thanks to EDRM: eDiscovery Trends

By : Doug Austin

For several years, the Enron data set (converted to Outlook by the EDRM Data Set team back in November of 2010) has been the only viable set of public domain data available for testing and demonstration of eDiscovery processing and review applications. Chances are, if you’ve seen a demo of an eDiscovery application in the last few years, it was using Enron data. Now, the EDRM Data Set team has begun to offer some new dataset options.

eDiscovery Has Gone to the Dogs: eDiscovery Trends

By : Doug Austin

If I had known that yesterday was National Dog Day, I would have posted this then, instead of today, but it’s a great story any day. As reported by ABA Journal, Discover Magazine and NBC News, there is a new type of forensic collection device being used in criminal forensic investigations. His name is Bear and he’s a black Labrador.

If You Play “Tag” Too Often, You Might Find Yourself Playing “Hide and Seek”: eDiscovery Best Practices

By : Doug Austin

If you’ve used any review tool, you’re familiar with the “tag” field to classify documents. Whether classifying documents as responsive, non-responsive, privileged, or applicable to any of a number of issues, you’ve probably used a tag field to simply check a document to indicate that the associated characteristic of the document is “true”. But, if you fall in love with the tag field too much, your database can become unmanageable and you may find yourself playing “hide and seek” to try to find the desired tag.

Got Problems with Your eDiscovery Processes? “SWOT” Them Away: eDiscovery Best Practices

By : Doug Austin

Understanding the internal and external challenges that your organization faces allows it to approach ongoing and future discovery more strategically. A “SWOT” analysis is a tool that can be used to develop that understanding.

Court Acknowledges Lack of Expertise to Recommend Search Methodology, Orders Parties to Confer: eDiscovery Case Law

By : Doug Austin

In ACI Worldwide Corp. v. MasterCard Technologies, LLC and MasterCard International, Inc., Nebraska Magistrate Judge F.A. Gossett, acknowledging that the Court “simply does not have the expertise necessary to determine the best methodology to be employed in retrieving the requested materials in a safe, non-obtrusive, and cost-effective manner”, ordered the parties to “once again” confer in an effort to reach an agreement regarding the search methodology to be employed by the defendants in retrieving the information requested by the plaintiff.

Government Attorneys Are More Confident about eDiscovery But Feel Less Prepared to Discuss It: eDiscovery Trends

By : Doug Austin

In April 2014, we covered the seventh annual benchmarking study of eDiscovery Practices for Government Agencies conducted by Deloitte and covered the eighth annual study last December. Apparently, Deloitte operates on an eight month year – their Ninth Annual Benchmarking Study of Electronic Discovery Practices for Government Agencies is available now.

August Case Law Pop Quiz Answers!: eDiscovery Case Law

By : Doug Austin

Yesterday, we gave you a pop quiz for the eDiscovery case law that we’ve covered recently. If you’re reading the blog each day, these questions should be easy! Let's see how you did. Here are the answers.

August Case Law Pop Quiz!: eDiscovery Case Law

By : Doug Austin

Here's an opportunity to give you a chance to catch up on cases we’ve covered recently with a case law pop quiz! If you’re reading the blog each day, these questions should be easy! If not, we’ve provided a link to the post with the answer. We’re that nice. Test your knowledge! Tomorrow, we’ll post the answers to this pop quiz for those who don’t know and didn’t look them up.

Want to Avoid eDiscovery “Gotchas”? Attend this Session at ILTA: eDiscovery Best Practices

By : Doug Austin

There is less than two weeks left before ILTACON 2015, the annual conference for the International Legal Technology Association (ILTA) at Caesars Palace in Las Vegas. eDiscovery Daily will be at the show and providing coverage before, during and after the show. If you’re attending (or thinking of attending), here is one session that you should put on your list to check out.

Court Orders Plaintiff to Re-Review 95% of its Production Classified as “Highly Confidential”: eDiscovery Case Law

By : Doug Austin

In Procaps S.A. v. Patheon Inc., after the plaintiff designated 95% of its forensically-produced documents (141,525 of 148,636) as “highly confidential”, Florida District Judge Jonathan Goodman ordered the plaintiff to re-review and re-designate those documents within ten days, and also assessed a $25,000 fees award against the plaintiff’s outside counsel to compensate the defendant for its efforts in reviewing the documents.

Court Has a “Beef” with Plaintiff’s Proportionality Argument: eDiscovery Case Law

By : Doug Austin

In Cargill Meat Solutions Corp. v. Premium Beef Feeders, LLC, Kansas Magistrate Judge Teresa J. James granted the defendants’ motion to compel production of documents, overruling the plaintiffs’ objections to the discovery request in finding that “Plaintiff has not satisfied its burden to show that producing the requested documents would be unduly burdensome”.

Rules Amendments Are Not Just Being Approved WITHIN DC, But Also FOR DC As Well: eDiscovery Trends

By : Doug Austin

We’ve been covering the progress of adoption of changes to the Federal Rules and the associated debate regarding the rules – especially Rule 37(e) – for over two years. Unless Congress introduces legislation to affect the timing or content of the rules, the rules will become effective on December 1 of this year. But, did you know that there are new rules amendments for the District of Columbia, as well?

What’s Better than the Discovery Channel? The eDiscovery Channel!: eDiscovery Trends

By : Doug Austin

If you’ve been a long time follower of this blog (or even not that long), you’re familiar with the thought leader interview series we conduct every year at LegalTech New York (LTNY). Now, you can listen to podcasts from a couple of eDiscovery thought leaders from the comfort of your own computer!

Here are a Few Common Myths About Technology Assisted Review: eDiscovery Best Practices

By : Doug Austin

A couple of years ago, after my annual LegalTech New York interviews with various eDiscovery thought leaders, I wrote a post about some of the perceived myths that exist regarding Technology Assisted Review (TAR) and what it means to the review process. After a recent discussion with a client where their misperceptions regarding TAR were evident, it seemed appropriate to revisit this topic and debunk a few myths that others may believe as well.

If You’re Going to Submit a 2,941 Page Privilege Log, You’d Better Be Able to Demonstrate Privilege: eDiscovery Case Law

By : Doug Austin

In United States v. Louisiana, Louisiana Magistrate Judge Richard L. Bourgeois, Jr., after reviewing 40 documents provided by the defendant for in-camera review, granted the plaintiff’s Renewed Motion to Compel a Proper Privilege Log, after denying the original motion because the plaintiff only provided 13 examples of "insufficient descriptions" within the privilege log's entries.

Apparently, in Discovery, Delta is Not Ready When You Are and It Has Cost Them Millions: eDiscovery Case Law

By : Doug Austin

A few years ago, we covered a case law decision in the Delta/Air Tran Baggage Fee Antitrust Litigation, where Delta was ordered to pay plaintiff attorney’s fees and costs for eDiscovery issues in that litigation. Apparently, Delta’s difficulties in this case have continued, as they have been ordered this week to pay over $2.7 million in sanctions for failing to turn over ESI, to go along with more than $4.7 million in sanctions for earlier discovery violations.

NIST Issues Draft Guide for “Securing Electronic Health Records on Mobile Devices”: eDiscovery Trends

By : Doug Austin

As we’ve discussed previously, stolen health records are worth a lot in the black market and that was underscored when health insurance provider Anthem announced in early February that it had suffered what appears to be the largest breach ever in the health insurance industry, affecting about 80 million people. Now, the National Institute of Standards and Technology (NIST) has released a draft guide that might help, at least with regard to securing electronic health record on mobile devices.

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About the Bloggers

Brad Jenkins

Brad Jenkins, President and CEO of CloudNine Discovery, has over 20 years of experience leading customer focused companies in the litigation support arena. Brad has authored many articles on litigation support issues, and has spoken before national audiences on document management practices and solutions.

Doug Austin

Doug Austin, Professional Services Manager for CloudNine Discovery, has over 20 years experience providing legal technology consulting and technical project management services to numerous commercial and government clients. Doug has also authored several articles on eDiscovery best practices.

Jane Gennarelli

Jane Gennarelli is a principal of Magellan’s Law Corporation and has been assisting litigators in effectively handling discovery materials for over 30 years. She authored the company’s Best Practices in a Box™ content product and assists firms in applying technology to document handling tasks. She is a known expert and often does webinars and presentations for litigation support professionals around the country. Jane can be reached by email at jane@litigationbestpractices.com.