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In our prior review of cases, we reviewed early cases that made it clear cost was just one factor among many, and that non-financial factors can outweigh financial ones, under the right circumstances. We continue our review of new cases with three cases from 2018 exploring the importance of non-cost factors (privacy, relevance, and party resources) in proportionality analyses.

In our prior review of cases, early cases made it clear arguments about proportionality should be fact-based and specific, rather than hypothetical or vague, and ideally, they should address all factors listed in the amended rule. We begin our review of new cases with one case from the very end of 2017 and two from early 2018 that all reinforce this requirement for specific, fact-based proportionality arguments.

Our monthly legal eDiscovery news round-up features commentary on eDiscovery investment trends, emerging blockchain discovery issues, and growing concerns over cybersecurity and data breach class action suits, as well as recent cases, industry publications, and new XDD educational content.

As part of Xact Data Discovery’s mission to provide ongoing education to eDiscovery practitioners of all types, XDD is extending its long-running educational program beyond articles, practice guides, white papers, and webinars. This month, XDD is launching a new educational podcast called First Chair.

On December 1, 2015, the Federal Rules of Civil Procedure were amended to bring the existing-but-overlooked concept of proportionality front and center in an attempt to combat the runaway cost and scale of discovery in the digital era. We previously reviewed cases from the effective date of that amendment, through the end of 2017, to see how judges were applying the rule. In this update series, we will review new cases from 2018 and 2019.

Our monthly legal eDiscovery news round-up features a new disclosure pilot program in England, the potential addition of ephemeral messaging to Facebook, a new EU-Japan data transfer agreement, a study showing a decline in eDiscovery sanctions, and an updated DOJ policy on the use and retention of electronic messaging apps, as well as recent cases and new XDD educational content.

Our survey of tools and techniques for early case assessment has revealed a wide range of available options, each with different strengths and intended applications, but achieving effective ECA is not a question of applying as many of these tools and techniques as you can. Rather, it is a question of selecting the right ones to best serve your primary goal – whether that’s Traditional ECA, EDA, or Downstream Prep.

XDD’s Esquify Celebrated at NASDAQ as a Chicago Innovation Award Winner On Monday March 25th, Xact Data Discovery’s Esquify joined fellow winners of the Chicago Innovations Awards, the Chicago region’s foremost annual celebration of innovation, in New York City to ring the Closing Bell of the NASDAQ Stock Market.  The celebration emphasized the surge of…

After thread and duplicate management tools, the final major tools and techniques available for pursuing the three goals of ECA are advanced analytic tools, powered by semantic indexing and other advanced mathematical analyses, including: concept searching, concept clustering, categorization, TAR 1.0 and 2.0 workflows, and new AI tools.

Any modern document review platform provides case teams with a powerful set of tools for investigating their collected ESI in pursuit of the three goals, like a series of overlapping lenses you can use to bring your quarry into sharp focus. After sampling tools and searching and filtering tools, the next major types of tools available for pursuing the three goals of ECA are tools for handling email threading and for handling duplicates and near-duplicates.

Any modern document review platform provides case teams with a powerful set of tools for investigating their collected ESI in pursuit of the three goals, like a series of overlapping lenses you can use to bring your quarry into sharp focus. The next major type of tools and techniques available is search and filtering, including keyword and phrase searching, Boolean searching, fuzzy searching, conceptual searching, and more.

Our monthly legal eDiscovery news round-up features new technology-assisted review guidance, the fifth annual federal judges survey results, the rise of emoji in litigation, and an effort to test legal AI solutions, as well as recent cases and industry publications and new XDD educational content.