Because You Need to Know: Monthly News Round-Up for December 2017

A monthly round-up of industry news stories, useful publications, and notable cases of which you should be aware from the preceding month

Welcome to “Because You Need to Know,” XDD’s monthly news round-up.  In these posts, we gather together interesting articles, new publications, noteworthy cases, and XDD materials from the preceding month.  This post gathers items of interest from December 2017.

Industry News Stories

Interesting news stories from December include the new FRE amendments, the debate over ephemeral messaging, the challenges of achieving legal operations maturity, and the year in review:

• The New FRE Amendments
  • New Rules Tackle Authentication of Electronic Data

• The Debate Over Ephemeral Messaging
  • Is Ephemeral Messaging an Evidence Foul? Not Necessarily

• The Challenges of Achieving Legal Operations Maturity
  • There’s No Shortcut to Legal Operations Maturity

• The Year In Review
  • 2017: The Year in Data Discovery Case Law

Notable Cases

New eDiscovery cases discussed in December include:

• 300 GB Email Search Rejected in E-Discovery Case
• English Court Confirms Pre-Action Disclosure Is Available Against Parties Outside Its Jurisdiction
• Three Key Lessons from New TAR Decision Winfield v. City of New York
• Dispute Over Scope of Preservation Obligation Leads to Partial Sanctions For Now
• Clawback Agreement Doesn’t Save Documents Inadvertently Produced Twice from Privilege Waiver

XDD Materials

XDD published four new blog articles, one new practice guide, and one new educational webinar in December:

• Blog Articles
  • Program Management Series:
    • Ongoing Program Maintenance and Improvement – Program Management Series, Part 7
    • Key eDiscovery Program Management Takeaways – Program Management Series, Part 8
  • Proportionality Series (ongoing):
    • Cases from Early 2016 – Proportionality Series, Part 3
    • Cases from Late 2016 – Proportionality Series, Part 4

• Practice Guide
  • Data Targeting: Target More, Spend Less – Discovery costs can be reduced by reducing the volume of data that reaches review, the most costly discovery activity. To more narrowly target the right data prior to review, there are a range of tools and techniques available within each phase – before litigation, during collection and restoration, during processing, and during early case assessment and review preparation.  This practice guide reviews those tools and techniques and discusses how to deploy them to more efficiently accomplish your goals.

• Educational Webinar
  • Managed Review: Leveraging Technology and Talent to Streamline Document Review – In this free, one-hour webinar, XDD Regional Vice President of Managed Review Services Chris Chapman discusses how to streamline document review by leveraging the right analytic tools, review techniques, and experienced talent as part of an integrated discovery process.

As always, we welcome your input regarding future topics for our webinars, articles, and white papers.  Share your interests with us here.

About the Author

Matthew Verga, JD
Director, Education and Content Marketing

Matthew Verga is an electronic discovery expert proficient at leveraging his legal experience as an attorney, his technical knowledge as a practitioner, and his skills as a communicator to make complex eDiscovery topics accessible to diverse audiences.  A ten-year industry veteran, Matthew has worked across every phase of the EDRM and at every level from the project trenches to enterprise program design.  He leverages this background to produce engaging educational content to empower practitioners at all levels with knowledge they can use to improve their projects, their careers, and their organizations.