Inside eDiscovery

Inside eDiscovery Digest - Weekly Top 3

Must see eDiscovery articles for the week for July 28;

eDiscovery's Balancing Act by Steven Bennett. Objective standards of practice in eDiscovery are often elusive and despite calls for reasonableness, proportionality and cooperation, parties and courts are faced with disputes during the discovery process. Bennett outlines the challenges of our current “good faith” approach to collaboration and the role for an updated FRCP in developing a greater sense of fairness amongst parties in eDiscovery.

Riley: A New Realm of Digital Privacy by Justin Murphy and Louisa Marion. This brief synopsis and accompanying link to an in-depth analysis of Riley v. California reflects a critical progression in Constitutional development regarding the intersection of privacy and technology. Although a bit far afield from the practicing eDiscovery professional, this jurisprudence reflects how technology is not only changing our lives but, how it is integrating into Federal perspectives on personal privacy and restriction of government intrusion.

Determining which Legal Services to Outsource by Nikhil Lala, Gail Blauer and Michael Caplan. This article and preceding articles in the series examine how corporate legal departments are (and potentially should be) expanding their internal service capabilities and creating efficiencies by utilizing outsourced solutions.

Inside eDiscovery Digest – Weekly Top 3

Must see articles for the week of May 5:

Brophy Bill to Require Warrant for Search of Electronic Data Passes Senate and First-In-The-Nation E-Discovery Law Passes Senate – The Colorado Senate is ”blazing” trails in new ways during its spring session. The Brophy Bill, if passed by the Colorado House would seek voter approval to protect citizens’ personal information from unreasonable search and seizure. Secondly, SB-190 would create an eDiscovery sharing system statewide to manage costs and information in criminal proceedings.

Court Holds that US Government Can Seize Email Data Stored Overseas and Questions Applicability of Fourth Amendment to Information Communicated Through the Internet – A Southern District of NY decision cleared the way for production of Microsoft customer e-mail data stored in the cloud and physically located outside the United States.

eDiscovery in Japan and South Korea: 2014 and Beyond – A quick overview of the Japanese and Korean legal markets and the unique cultural differences that have impacted the development of eDiscovery.