Apr 27 7:09am @ComplexD
Authored by litigation support and eDisclosure expert Andrew Haslam, the eDisclosure Systems Buyers Guide - 2017 Edition provides an overview of key technology considerations, industry approaches and vendor capabilities regarding the discipline of eDisclosure (eDiscovery). The post The eDisclosure Systems Buyers Guide – 2017 Edition appeared first on @ComplexD.
Apr 27 1:00am CloudNine
Today at noon CST (1:00pm EST, 10:00am PST), CloudNine will conduct the webcast Pitfalls and Potholes to Avoid in Your eDiscovery Projects. This one hour webcast will discuss some of the most common “pitfalls” and “potholes” that you can encounter during the discovery life cycle from Information Governance to Production and how to address them to keep your discovery project on track. The post Today’s the Day to Learn How to Fix “Pitfalls” and “Potholes” in Your eDiscovery Project: eDiscovery Best Practices appeared first on CloudNine.
Apr 26 4:14pm Electronic Discovery RSS Feed | JD Supra Law News
In Hsueh v. N.Y. State Dep’t of Fin. Servs., (No. 15 Civ. 3401 [PAC], 2017 WL 1194706 [S.D.N.Y. Mar. 31, 2017]) the Southern District imposed spoliation sanctions (specifically, an adverse inference) on the plaintiff in a sexual harassment case,...By: Farrell Fritz, P.C.
Apr 26 2:21pm @ComplexD
Ipro Tech, a global leader in the development of advanced eDiscovery software solutions, announced today that it has received a substantial investment from technology private equity firm ParkerGale Capital. The post Ipro Announces Investment from ParkerGale Capital appeared first on @ComplexD.
Apr 26 10:56am CloudNine
CloudNine's legal hold notification technology provides eDiscovery practitioners with a tool that automates and accelerates the development, sending, tracking, and management of legal hold notices. The post CloudNine Launches Legal Hold Notifications Integration for eDiscovery Automation Software appeared first on CloudNine.
Apr 26 1:00am CloudNine
In TLS Management and Marketing Services, LLC v. Rodriguez-Toledo, et. al., Puerto Rico Magistrate Judge Bruce J. McGiverin partially granted and partially denied the plaintiff’s motion for spoliation sanctions against the defendants, ordering an adverse-inference instruction for the ESI “willfully discarded or deleted” from one defendant's laptop and external hard drive. He also ordered the defendants, at their expense, to permit a forensic examination of a flash drive containing ESI from the external hard drive, but denied the request for sanctions for loss of that defendant’s iPhone because the plaintiff failed to establish the time frame when the iPhone was lost. The post Sanctions Granted against Defendant for Loss of ESI on Laptop and Hard Drive, Denied for iPhone: eDiscovery Case Law appeared first on CloudNine.
Apr 25 8:10pm Electronic Discovery RSS Feed | JD Supra Law News
On February 28, 2017, Southern District of New York Magistrate Judge Andrew J. Peck issued a warning shot, stylized as a “wake-up call,” to the SDNY Bar: comply with the now 15-month-old amendments to the Federal Rules of Civil Procedure when...By: Proskauer - Minding Your Business...
Apr 25 2:06pm Electronic Discovery RSS Feed | JD Supra Law News
Why are we settling for less than exceptional eDiscovery results? My guiding principle for eDiscovery is simple: eDiscovery always must deliver exceptional value to the client. A general counsel purchasing eDiscovery services should expect nothing...By: Baker Donelson...
Apr 25 1:00am CloudNine
As I mentioned earlier this month, The Master’s Conference is kicking off its 11th year with an event in San Francisco today. As part of our commitment to eDiscovery education, I’m delighted to be participating in the series again this year. In preparation for today’s kickoff event, I interviewed Robert Childress, CEO of The Master’s Conference to understand how the event came to be and what makes it unique compared to other conferences within the eDiscovery schedule. The post Interview with Robert Childress, CEO of The Master’s Conference: eDiscovery Trends appeared first on CloudNine.
Apr 24 10:30pm @ComplexD
The Ponemon Institute’s 2016 [Data Protection Benchmark] study pegs the average cost of a data breach at $4 million, with per-record costs rising slightly to $158 each. The post Cyber-Insurance: Assess Risk, Policy & Obligations appeared first on @ComplexD.
Apr 24 8:37am @ComplexD
Litigation readiness and classification readiness are closely related. If you standardize your content into high definition text searchable PDFs, you eliminate issues around dark data. By digitally preparing content in this manner you reduce the ‘garbage-in-garbage- out’ scenario that most RIM programs suffer from and, as many of our customers have found, you’re better able to automatically categorize your data or support other downstream processes. Once data is classified, you’re ready for litigation, not to mention all the other benefits having an organized content management system offers. You will know where data relevant to a matter is and you will be able to easily collect that data. The biggest challenge we continue to see in organizations is their unstructured data. Unstructured data is problematic for multiple reasons, but one reason alone is enough, and that is wasted time and money in collecting irrelevant data for litigation purposes. The post Content Standardization: Why Litigation and Classification are Related appeared first on @ComplexD.
Apr 24 1:00am CloudNine
In Bird v. Wells Fargo Bank, after the parties could not agree on the parameters and scope of discovery, California Magistrate Judge Erica P. Grosjean ordered the defendant to produce several categories of documents related to the plaintiff’s former employment, disclose its discovery plan, search terms and custodians, produce its document retention policies regarding the destruction of employee emails and produce an initial privilege log. The post Lack of Cooperation Leads to Court to Order Scope of Discovery for Defendant: eDiscovery Case Law appeared first on CloudNine.
Apr 23 10:30pm @ComplexD
Following a report by The Wall Street Journal that the security vendor Tanium used a hospital's live network as a demonstration platform on sales calls and even revealed private hospital data in a publicly posted demonstration video, Tanium CEO Orion Hindawi has admitted that mistakes were made in handling data from El Camino Hospital's network. The post Tanium CEO Admits Using Real Hospital Data in Sales Demos appeared first on @ComplexD.
Apr 23 12:02pm e-Discovery Team ®
We are continuing to upgrade the e-Discovery Team’s free TAR Course. The latest improvements include the addition of “homework assignments” to the first ten classes. These are challenging and add to the depth of the instruction. The homework includes both supplemental reading suggestions and exercises. We will add homework assignments to the last six classes […]...
Apr 21 5:09pm The Kennedy-Mighell Report
With recent legislation targeting net neutrality, questions of how to maintain internet privacy have become increasingly relevant. In this episode of The Kennedy-Mighell Report, host Dennis Kennedy and Tom Mighell define what a Virtual Private Network (VPN) is and why it might be a good idea to invest in one to ensure your online information is secure. They also talk about fake VPN services to avoid and share which VPN services they use. In the second segment, they answer an audience question from the Honorable Joseph C. Adams regarding how to motivate lawyers to use the technology offered by a court. As always, stay tuned for the parting shots, that one tip, website, or observation that you can use the second the podcast ends. Special thanks to our sponsor, ServeNow.
Apr 21 2:49pm @ComplexD
Published in April 2017 by ACG Partners, this new research presentation by Trevor Martin, Ben Howe, Jon Guido, and Fred Joseph provides a detailed overview of the legal technology landscape through the lens of leaders, opportunities, and investments. The post Insights on Legal Technology from ACG Partners appeared first on @ComplexD.
Apr 21 9:31am Electronic Discovery RSS Feed | JD Supra Law News
This is the fourth in a series of posts summarizing the six most important eDiscovery cases in Delaware in 2015. Medicalgorithmics S.A. v. AMI Monitoring, Inc., C.A. No. 10948-CB, Oral Argument on Defendants’ Motion Regarding Plaintiff’s Improper...By: Morris James LLP...
Apr 21 1:00am CloudNine
About this time last year, I published (or re-published, if you will) a terrific infographic that illustrated what happens within the internet in a typical minute in 2016. Since I will be part of a panel discussion at The Master’s Conference in San Francisco next Tuesday and the topic will be big data and data discovery, I thought it would be good to take a fresh look at what happens in a 2017 internet minute! The post The Internet is Even Busier That it Was Last Year: eDiscovery Trends appeared first on CloudNine.
Apr 20 8:59pm Electronic Discovery RSS Feed | JD Supra Law News
OOO Brunswick Rail Mgmt. v. Sultanov, No. 5:17-cv-00017-EJD, 2017 U.S. Dist. LEXIS 2343 (N.D. Cal. Jan. 6, 2017). The court partially granted the plaintiff, OOO Brunswick Rail Mgmt., a motion for emergency evidence preservation measures, finding...By: Zapproved Inc.
Apr 20 6:47pm Electronic Discovery RSS Feed | JD Supra Law News
In recent years, discussions regarding the contours of a federal court’s inherent authority to sanction litigants for bad-faith behavior have been heating up faster than a defective tire at highway speeds. In the 2015 amendments to the Federal Rules...By: Eversheds Sutherland (US) LLP...
Apr 20 9:46am Electronic Discovery RSS Feed | JD Supra Law News
In Fischer v. Forrest, No. 14 Civ. 1304 (PAE) (AJP), 14 Civ. 1307 (PAE) (AJP), 2017 WL 773694 (S.D.N.Y. Feb. 28, 2017), Magistrate Judge Alexander J. Peck issued a discovery wake-up call to the bar of the Southern District of New York, noting that...By: Buchanan Ingersoll & Rooney PC...
Apr 20 8:28am @ComplexD
2017 MarketScape assessment from IDC on where the eDiscovery services market is going, how major eDiscovery service providers compare to each other, and what criteria are considered most important for companies to consider when evaluating and selecting a vendor. The post IDC Publishes New MarketScape on Worldwide eDiscovery Services appeared first on @ComplexD.
Apr 20 1:00am CloudNine
In the latest post in his excellent Ball in Your Court blog, Craig Ball has some strong words for attorneys who fail to advise clients to preserve ESI from mobile devices when under a preservation duty. The post Craig Ball Says That Failure to Preserve Mobile Devices in Litigation is the “M” Word: eDiscovery Best Practices appeared first on CloudNine.
Apr 19 8:00am CloudNine
Delivered as an advanced, integrated, and automated option in CloudNine’s cloud-based, SaaS-delivered simplified eDiscovery automation software, Legal Hold Notifications improve the ability of legal and compliance teams to implement legal holds by providing them with an intuitive and secure tool for marshaling the data preservation process. To learn more about Legal Hold Notifications, visit eDiscovery.co. The post Webcast: Legal Hold Notifications from CloudNine appeared first on CloudNine.
Apr 19 1:00am CloudNine
In Coyne v. Los Alamos National Security, LLC et. al., New Mexico Magistrate Judge Karen B. Molzen recommended that the court grant the defendants’ motion to dismiss after the plaintiff’s erased and reset her iPhone the day before it was produced for forensic examination, the “culmination of her and her husband's willful failure to comply with their discovery obligations in this case.” The post Plaintiff’s Erasure of iPhone Before Forensic Examination Leads to Recommended Dismissal of Case: eDiscovery Case Law appeared first on CloudNine.
Apr 19 12:42am @ComplexD
Today, if you fail to advise clients to preserve relevant and unique mobile data when under a preservation duty, you’re committing malpractice. The post A New Paradigm in Mobile Device Preservation appeared first on @ComplexD.
Apr 19 12:21am @ComplexD
The USAFacts database is perhaps the first nonpartisan effort to create a fully integrated look at revenue and spending across federal, state and local governments. The post Steve Ballmer Serves Up a Fascinating Data Trove appeared first on @ComplexD.
Apr 18 1:11pm Electronic Discovery RSS Feed | JD Supra Law News
How do we keep our focus on the case objectives throughout the eDiscovery cycle? A trial team is focused, first and foremost, on the outcome of the actual litigation. To be valuable, the eDiscovery costs must directly advance the overall case...By: Baker Donelson...
Apr 18 8:15am @ComplexD
Many of the GDPR’s main concepts and principles are much the same as those in the current Data Protection Act (DPA), so if you are complying properly with the current law then most of your approach to compliance will remain valid under the GDPR and can be the starting point to build from. However, there are new elements and significant enhancements, so you will have to do some things for the first time and some things differently. It is important to use this checklist and other Information Commissioner’s Office (ICO) resources to work out the main differences between the current law and the GDPR. The post A 12 Step Approach to General Data Protection Regulation (GDPR) Compliance appeared first on @ComplexD.
Apr 18 1:00am CloudNine
Don’t be a chump, be the ump! It’s time for another quarterly eDiscovery Business Confidence Survey! This time, it’s the Spring 2017 eDiscovery Business Confidence Survey created (and cleverly titled) by Rob Robinson and conducted on his terrific Complex Discovery site. It’s the second year of the quarterly survey and we’ve covered every round of the survey so far. Now, it’s time for the Spring 2017 Survey! The post Has eDiscovery Business Gotten a Bump or a Slump from Trump?: eDiscovery Trends appeared first on CloudNine.
Apr 17 10:30pm @ComplexD
This case helps clearly delineate proper contact from improper gamesmanship or sharp litigation practices. The post Court Excludes Evidence Developed Through Plaintiff’s Surreptitious Contact with Corporate Defendant’s Employees appeared first on @ComplexD.
Apr 17 7:15pm @ComplexD
Proposed Chinese regulations (open in Google Chrome for English translation) could substantially limit the ability of companies in China from sending data outside of that country. If implemented, the regulations would potentially affect almost any type of business or data flow. The post Data Flows from China Could Be Significantly Restricted appeared first on @ComplexD.
Apr 17 3:32pm CloudNine
This ACEDS-hosted CLE-approved webcast session covers key terms, rules, duties, and case law to give you the tools and resources necessary to efficiently and effectively meet the challenging discovery obligations that attorneys will face in 2017. The post Webcast: What Every Attorney Should Know About eDiscovery in 2017 (ACEDS Update) appeared first on CloudNine.
Apr 17 1:00am CloudNine
In Liguria Foods, Inc. v. Griffith Laboratories, Inc., Iowa District Judge Mark W. Bennett declined to sanction the parties for issuing boilerplate objections, but strongly warned them that the use of boilerplate objections in the future would place counsel and their clients at risk for significant sanctions. The post Court Tells Litigants “NO MORE WARNINGS” When It Comes to Boilerplate Discovery Objections: eDiscovery Case Law appeared first on CloudNine.
Apr 16 3:50pm e-Discovery Team ®
Remember when e-discovery was new? Remember the early days when searching for evidence in computers was exciting, fun even? Those days came to mind yesterday while watching my granddaughter and a few dozen other kids search for Easter Eggs. Total focus and joy surrounded her and the other toddlers. Back in the early days of […]...
Apr 14 1:47pm @ComplexD
The eDiscovery Business Confidence Survey is a non-scientific quarterly survey designed to provide insight into the business confidence level of individuals working in the eDiscovery ecosystem. The post A Bump or Slump from Trump? The Spring 2017 eDiscovery Business Confidence Survey appeared first on @ComplexD.
Apr 14 11:13am Electronic Discovery RSS Feed | JD Supra Law News
For the first time in a decade, The Sedona Conference Working Group on Electronic Document Retention and Production has released a new version of The Sedona Principles for public comment. The Sedona Conference is a 501(c)(3) nonprofit educational...By: Reed Smith...
Apr 14 10:45am Electronic Discovery RSS Feed | JD Supra Law News
From the beginning, e-discovery has mainly been the realm of corporate legal teams leveraging their knowledge of the e-discovery process along with technology to reach a “just and speedy” resolution to the matter as laid out by Rule 1 of the Federal...By: Exterro, Inc.
Apr 14 10:39am Electronic Discovery RSS Feed | JD Supra Law News
It has been well over a year since the 2015 amendments to the Federal Rules of Civil Procedure went into effect, and members of the judiciary are increasingly less tolerant of attorneys’ failure to conform to the new standards. This was made...By: McGuireWoods LLP...
Apr 14 8:50am @ComplexD
Employees using private VPNs and Tor on an enterprise network are typically trying to hide their actions and do something that will not be detected by the organization’s security controls, he says. “Security bypass is the first step towards data theft or other destructive behavior,” Koo says. The post 95\% of Organizations Have Employees Seeking to Bypass Security Controls appeared first on @ComplexD.
Apr 13 6:01pm @ComplexD
Today [Wednesday, April 12, 2017], U.S. Secretary of Commerce Wilbur Ross announced that the newly launched Swiss-U.S. Privacy Shield Framework is now accepting self-certifications. The Framework provides companies a mechanism to comply with Swiss data protection requirements when transferring personal data from Switzerland to the United States in support of transatlantic commerce. The post U.S. Secretary of Commerce Announces Swiss-U.S. Privacy Shield Framework is Open for Business appeared first on @ComplexD.
Apr 13 4:24pm BeyondRecognition
At one point in time, sextants were cutting edge technology. By enabling sailors to measure the angles between the horizon and heavenly bodies, sextants permitted them to determine how far north or south of the equator they were. While that was useful information, sextants didn’t tell seamen how far east or west they were, with […] The post Text Analytics: Sextants in a GPS World appeared first on BeyondRecognition.
Apr 13 1:00am CloudNine
If you’ve missed earlier opportunities to find out what every attorney should know about eDiscovery in 2017, you get another opportunity today, thanks to our friends at ACEDS! Join us today at noon CT (1pm ET, 10am PT)! The post Today’s the Day to Find Out What Every Attorney Should Know About eDiscovery in 2017: eDiscovery Trends appeared first on CloudNine.
Apr 12 10:30pm @ComplexD
A survey by Osterman Research finds many corporations are unable to retain, produce and search through much of their internal data given depending on its age, type and where it’s stored. The post Challenged by the Old and New, Corporate E-Discovery Hits a Wall appeared first on @ComplexD.
Apr 12 4:25pm Prism Legal
How can in-house counsel gain the benefits of legal artificial intelligence (AI)? That is the question I answered on April 12, 2017 in a webinar for the Buying Legal Council, the trade organization for legal procurement. The slides are below; I present here a brief synopsis of my talk. We have to start with a definition of AI. For that I rely on a tree diagram, courtesy of Michael Mills of Neota Logic. AI consists of multiple technologies, including machine learning, natural language processing, and expert systems. Any rational consideration of AI must separate hype and reality. Many headlines promise legal robots but others make clear that the promise of AI will take time to realize. A study by an MIT economist and UNC law professor quantified the potential impact of AI on the legal market. Their paper, Can Robots Be Lawyers? Computers, Lawyers, and the Practice of Law, found that AI would have a limited impact on lawyer employment. The main use cases for legal AI today are in eDiscovery document review, contract analytics, interactive legal advice, and legal research. Multiple law firms have publicly discussed evaluating, piloting, or using AI. If in-house counsel are doing so, they have not gone public about it to my knowledge. In-house lawyers should be aware of two other potential AI use cases: new accounting rules that change revenue recognition and move leases onto balance sheets. Decision makers need to consider the use of AI in a broader context of both legal tech generally and the problems they are trying to solve. Since the advent of PCs and local area networks, uptake of core, practice, and management technology by lawyers has generally been relatively slow. A gimlet eye is required to consider whether AI uptake will be any faster or have more impact than the uptake of many other technologies (e.g., document authoring, deal management, or decision trees) or process frameworks such as knowledge management (KM) and legal project management (LPM). As I have said on many occasions, however, I would love to be proved wrong about incremental uptake. I’m just looking at the evidence I see today. I encourage law departments and law firms to experiment with and evaluate AI to understand its potential and be ready to spring into action as needed. AI could well be like the advent of the Internet – not important until fairly suddenly, it...
Apr 12 3:42pm Electronic Discovery RSS Feed | JD Supra Law News
Electronic discovery (a/k/a ediscovery and e-discovery) is the process of identifying, preserving, collecting, preparing, reviewing and producing electronically stored information (“ESI”) in the context of a legal or investigative process. In order...By: Farrell Fritz, P.C.
Apr 12 1:54pm Electronic Discovery RSS Feed | JD Supra Law News
Machine learning is everywhere you look, from customer service virtual agents to round-the-clock patient care in hospitals. Lawyers seeking the latest in eDiscovery approaches to find relevant information faster and at lower cost are turning to...By: Conduent...
Apr 12 8:13am @ComplexD
Electronic discovery is the most substantive change to the practice of law in more than 100 years, yet many relegate it to the backseat by equating it simply with data and deeming it a litigation support issue. The post Time To Change Your eDiscovery Mindset appeared first on @ComplexD.
Apr 12 1:00am CloudNine
In Ensing v. Ensing, et. al., Vice Chancellor Slights ruled for the plaintiff in the case and concluding that the defendant “has engaged in blatant violations of court orders and bad faith litigation conduct that justify serious sanctions”, ordering him to pay two-thirds of the plaintiff’s counsel’s fees and expenses and all of the plaintiff’s computer forensic expert’s fees and expenses. The post After Metadata Shows Agreement Documents to Be Unreliable, Defendant’s “Hans” are Tied: eDiscovery Case Law appeared first on CloudNine.
Apr 11 9:35pm Electronic Discovery RSS Feed | JD Supra Law News
Solo v. United Parcel Serv (UPS). Co., No. 14-12719, 2017 U.S. Dist. LEXIS 3275 (E.D. Mich. Jan. 10, 2017). The court denied the full extent of the data that the plaintiff, Joe Solo, requested in its motion to compel, finding it not proportional...By: Zapproved Inc.
Apr 11 3:12pm Electronic Discovery RSS Feed | JD Supra Law News
In Liguria Foods, Inc. v. Griffith Laboratories, Inc., Judge Mark Bennett of the United States District Court for the Northern District of Iowa required both plaintiff and defense counsel to show cause why they should not be sanctioned for discovery...By: Jackson Lewis P.C.
Apr 11 11:32am Next Gen eDiscovery Law & Tech Blog
Last week The Sedona Conference (“TSC”) published revisions for public comment to its very influential Sedona Principles: The Sedona Principles, Third Edition: Best Practices, Recommendations & Principles for Addressing Electronic Document Production. Per the TSC, the update was “necessitated by … Continue reading →...
Apr 11 1:00am CloudNine
I’m delighted to be participating in The Master’s Conference series again this year. If you’re in the San Francisco area or plan to be there on April 25, join me and other legal technology experts and professionals at The Master’s Conference event for a full day of educational sessions covering a wide range of topics! The post “Master” Your Knowledge of eDiscovery With This Conference in San Francisco Later This Month: eDiscovery Trends appeared first on CloudNine.
Apr 10 10:30pm @ComplexD
This edition of the newsletter highlights five key posts on information governance and electronic discovery that are presented to inform and update legal and information technology professionals. The post Five Great Reads on Information Governance and eDiscovery: From Privacy to Peril appeared first on @ComplexD.
Apr 10 2:47pm Electronic Discovery RSS Feed | JD Supra Law News
1. You were elected as President of the National Association of Regulatory Utility Commissioners (NARUC) back in November. What have you established as goals for your term as President and what will NARUC be focusing on in 2017? The theme I...By: Buchanan Ingersoll & Rooney PC...
Apr 10 7:48am @ComplexD
“It’s [PowerPoint-style presentation] dangerous because it can create the illusion of understanding and the illusion of control,” General McMaster said in a telephone interview afterward. “Some problems in the world are not bullet-izable.” The post From Mattis and McMaster to Bezos: The Perils of PowerPoint appeared first on @ComplexD.
Apr 10 1:00am CloudNine
A lot has been discussed about the most recent changes to the Federal Rules, especially with regard to Rule 37(e) and the requirement of the intent to deprive standard to apply more serious sanctions. But, what activities constitute intent to deprive? Should failing to issue a litigation hold be considered intent to deprive a party of potentially responsive ESI when that ESI is not preserved? The post Should Failing to Issue a Litigation Hold Be Considered Intent to Deprive?: eDiscovery Best Practices appeared first on CloudNine.
Apr 9 9:13pm @ComplexD
There are at least two schools of thought that are very different about what constitutes the meaning of what is and what is not structured data. One school of thought, as stated previously, is that everything not in a standard DBMS is unstructured. Another definition is that something is unstructured only if there is not a rational way to explain the structure. The post Untangling the Definition of Unstructured Data appeared first on @ComplexD.
Apr 9 3:16pm e-Discovery Team ®
Here is the video promo for my new book, e-Discovery for Everyone (ABA, 2017). It can be ordered online now from the ABA and is coming soon to Amazon. (I was going to appear on the Tonight Show to push the book, but they said I could not wear this tie, so I declined.) \_\_\_\_ Here is an excerpt […]...
Apr 7 8:28am Electronic Discovery RSS Feed | JD Supra Law News
On March 24, 2017, Neste, a member of BRAG®, announced its approval of draft proposals by the Swedish government regarding mandated reductions in traffic fuel emissions and the continued tax exemption for high-blended biofuels. By 2030, the...By: Bergeson & Campbell, P.C.