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Case Law Summaries: Summer 2017 Edition
Unlock valuable lessons from the most recent and interesting e-discovery case law. Read summaries detailing e-discovery no-nos from data compliance misconduct to total e-discovery breakdown.Read More
This Summer 2017 volume includes quick abstracts of e-discovery case law from the last 10 years, plus 11 full summaries of recent 2017 cases. You’ll also discover trends in how courts are applying the new Federal Rules of Civil Procedure (FRCP) to validate best practices.
The collection covers cases with many high-profile brands, such as Wal-Mart Stores, UPS, Goodyear Tire, Angie’s List and the return of Targate.
Dig in to glean how the courts are bringing issues of proportionality, cooperation and preservation to the forefront on cases such as:
- Goodyear Tire & Rubber Co. v. Haeger
- Williams v. Angie's List, Inc.
- Wal-Mart Stores, Inc. v. Cuker Interactive, LLC
Review these summaries now to know where to focus your own e-discovery practices and boost compliance for the remainder of 2017 and beyond.
Speed Matters: The Power of Knowing Now
In business, time is money. When it comes to litigation, time is of the essence in determining the appropriate course of action. Get the secret weapon so you can "know now."Read More
An often overlooked dimension of e-discovery is speed. Responding quickly can be a real challenge for corporate legal teams who are confronted with too much data spread across too many places. Added to that, growing volumes of data have created an even bigger challenge when these teams need to make informed decisions quickly.
Find out how speed can reduce risk, accelerate the e-discovery process, improve ECA workflows, and reduce uncertainty when accessing initial results.
Use your time wisely, download this white paper today.
Practical Approaches to Taking Control of E-Discovery
Learn why e-discovery challenges require new technology and new thinking.Read More
Today's burdensome data trends require practical new approaches to e-discovery. Combining true-SaaS technology and "Intelligent Discovery" processes gives corporate legal departments greater control, reduces costs, and improves access to data.
Get workflow tips on topics:
- Expediting Review Through Instant Data Access
- Using Technology to Make Data Processing Efficient
- Preserving in Place Defensibly
- Collecting Only the data You Need When You Need It
A Paradigm Shift in E-Discovery is Underway. Again. It's BIG.
Download this resource to learn how colliding trends are affecting e-discovery today.Read More
True cloud software represents the future of e-discovery and it is the most sensibly approach for legal departments to quickly and easily reduce data volumes, and get instant access and insights about discovery data - giving them the power to truly "know now" about the merits of a case - without having to wait.
Learn why e-discovery is moving in-house for lower, more predictable costs:
- 57% of in-house counsel that report spending more than $1M on e-discovery per year
- 79% reported decreasing reliance on outside resources, redirected the work in-house
- 94% of corporate counsel rate cost as a frustrating aspect of e-discovery
Where Did Our Data Go?
Burgeoning data volumes are in part a result of a reliance on cloud-based e-mail and voice communications, business critical applications, and low-cost storage options. How can you gain control?Read More
Traditional approaches to e-discovery can mean that the more data businesses retain both inside the cloud and out, the more they must collect, process, search, and review in discovery. Added to the sheer volume is the complexity, cost and turnaround time.
On-premise solutions can result in higher expenses and a platform designed for IT experts instead of legal teams. Add to that the unpredictable nature of e-discovery and the constant upgrading requirements, and you are quickly in an unsustainable situation.
Skip the headache and gain control of your data. Discover ways to avoid the hassles of local installation or third-party data conversions, and find the data solution that's designed to fit the needs of your legal team.
5 Ways to Reap the Benefits of Bringing E-Discovery to the Cloud
Keeping in-house e-discovery costs in check is a constant balancing act. Complex litigation and regulatory matters, along with pressure to streamline operational spending, create an expensive reality.Read More
According to a study from FTI Consulting, the majority of Fortune 1000 corporations now spend $5-10 million annually on e-discovery with 70% of the costs tied directly to document review.
Don’t let these challenges get you down. You can take charge of e-discovery by leveraging easy-to-use and secure in-house tools that minimize business risk — and maximize budgets.
Unlock detailed tips in this guide to get started. It outlines six ways to slash spending and boost efficiency.
Find out how to:
* Use modern, cloud-based e-discovery software tools to bring routine e-discovery processes in-house.
* Modernize legacy systems to limit dependence on IT.
* Empower legal teams to slash expenses, improve data security and speed time to resolution.
Legal Hold How Tos - 2017 Guide
Build a more defensible legal hold process. Discover 6 steps to managing legal holds defensibly and sustainably in this updated whitepaper!Read More
It's no secret: managing a defensible legal hold process is a demanding job. You must know your duty to preserve evidence - and issue legal holds quickly, clearly and securely as soon as litigation is reasonably anticipated.
Success requires clear strategy and the right technology to make it possible. This updated how-to guide walks you through the six steps of a smooth and defensible process.
Discover how implementing these best practices can ensure your legal hold process meeting its duty every time:
* Use legal hold templates to reduce risk
* Uncover critical insights through custodian interviews
* Improve custodian response rates to litigation holds
* Handle terminated employees on legal hold
* Release a litigation hold
* Create a defensible preservation audit trail
2017 Solution Brief: Microsoft Office 365
How to keep legal preservation defensible during Microsoft Office 365 migration, and beyond.Read More
The duty to preserve does not cease when an organization migrates data systems. In fact, not only does the duty persist, but it becomes more complex.
Corporate legal teams must collaborate with IT to define a migration plan with processes that defensibly preserve data despite the complexity of a hybrid data world with half in the cloud and half on premise.
Since data is not in one place, dual processes are required to ensure compliance is maintained throughout migration.
From Cross Border Corruption to Compliance: Lessons for Preventing E-Discovery Disasters
Learn from three headline cases about the crippling effects of cultivating corruption - and how to avoid making the same mistakes.Read More
Nobody’s perfect at e-discovery. But in three recent cases involving international brands, failure to meet U.S. compliance regulations yielded high penalties. Missteps like these not only cost billions in fines, they can also erode customer trust and public opinion.
Explore this whitepaper for deep insights on each case — and how to avoid becoming the next headline. You’ll find out what went wrong and glean tips to prevent the same cultural misfires in your organization. Get your copy to learn about matters with:
* Volkswagen AG
While these cases paint a portrait of what not to do, they also illustrate why building a culture of compliance is so vital.
Discover more about how you can guard your organization against compliance meltdown. Dig in today for lessons on creating an e-discovery culture that is compliance-approved.
Fourth Annual Legal Hold and Data Preservation Benchmark Survey Report
This report has findings on the demographics, processes, common pain points, and risks associated with legal holds, data preservation, and data collection.Read More
The Benchmark Survey is the industry's most extensive survey series focused on legal data preservation and collections practices. Building on the 2013, 2014 and 2015 studies, over 600 professionals dealing directly with litigation hold management participated.
Some key findings include:
- A strong response showing vast majority of automated users feel "confident," or "very confident," compared with 59% of manual users -- a huge 26% difference.
- Respondents using automated systems trust custodian compliance at 76% versus just 56%, more than double the spread from 2015 which was 9.8%.
- In looking at a "culture of compliance," 69% of survey respondents said they conduct some form of training for employees. This is down from 2015's 75% but on the average for the three years this question has been part of the survey.
- When looking at intention to upgrade, manual users at 60% more likely to express a desire to do so compared to automated users. The gap closed slightly from 2015 which saw this at 67%.
2016 Legal Holds and Data Preservation
A compilation of a wide range of topics discussed at the third annual Conference on Preservation Excellence, by the nation’s leading e-discovery and legal experts.Read More
In September 2015, a number of the nation's leading e-discovery thought leaders gathered in Portland, Ore., for the third annual Conference on Preservation Excellence (PREX15).
Over the course of two intensive days and numerous panel sessions, PREX15 delved into the most critical challenges facing legal professionals regarding legal holds and data preservation.
Download this resource to learn:
- The State of Preservation Today
- Preservation and Enterprise Information Strategies
- How to Build a Preservation-Ready Organization
- About the Shift to Cloud Computing and What it Means for Security and Compliance
- Finding our Data in the Year 2020
The Benefit of Single Instance Multi-tenant SaaS Architecture
As a reaction to increasing demand for SaaS E-Discovery applications, there has been a proliferation of "fake SaaS" solutions.Read More
Prompted by the expanding volume, accelerating velocity, and multiplying variety of data, companies around the globe are launching Saas e-discovery initiatives and are embracing the cloud to reduce costs, improve scalability, and gain operational agility.
As a reaction to increasing demand for Saas E-Discovery applications, there has a proliferation of "fake Saas" solutions. This is when a software provider mounts a web portal onto a server hosting their on-premise software in an attempt to simulate cloud benefits.
Download this resource to learn how to identify true vs. fake SaaS.
Building a High-Performance Pipeline for Heterogeneous Data Processing in AWS
Inside 1 Terabyte Per Hour: Building a high-performance pipeline for heterogeneous data processing in AWS.Read More
In February 2016, we announced that our data processing software Digital Discovery Pro had exceeded the processing rate of one terabyte per hour - which exceeded known performance by than 20x.
The development team worked closely with AWS architects to achieve this rate by exploiting the AWS platform to bring to bear the compute power necessary to achieve these rates and solve a significant pain point in the legal industry.
This technical paper provides an overview of the following:
- Market need for improved processing
- Phases of data processing for legal
- Challenges for improving processing speed
- Methodology for measuring processing performance
Cloud E-Discovery -The Right Solution for a Modern Approach
Learn how advances in cloud technology are creating many new opportunities for legal and IT teams looking for the best approach to e-discovery and how to gain a strategic advantage.Read More
With the expectation on legal and technical teams to take a greater role in driving favorable outcomes for business objectives, traditional approaches to e-discovery are unable to recognize and harness opportunities arising from the accelerating shift toward the cloud.
Download this resource to learn:
- How cloud computing creates challenges and also solves them
- The best way to deal with increasing volumes and sources of Big Data
- Disparate storage methodologies
- The impact of data accessibility, security and encryption standards
- Why e-discovery must evolve to be effective
2016 E-Discovery Data Processing Benchmark Report
In a recent survey of 92 in-house legal staff about their data processing methods. We focused on three success factors: cost, time, and ease.Read More
The survey respondents consisted of legal professionals, including attorneys, litigation support managers, paralegals, and non-legal professionals such as IT and records managers, from in-house legal teams at organizations.
In this report, you will learn why:
- Process is still used the most
- Are the most common reasons for frustrations
- In-house teams are most satisfied by
- Kind of resources in-house teams are using
Third Annual Legal Hold and Data Preservation Benchmark Survey Report 2015 Results
The industry’s most extensive study of preservation practices finds processes still lack maturity.Read More
The Benchmark Survey is the industry's most extensive survey series focused on legal data preservation and collections practices. Building on the inaugural 2013 and 2014 studies, over 421 professionals dealing directly with litigation hold management participated.
The report has findings on the demographics, processes, common pain points and risks associated with legal holds, data preservation and data collection.
The 5 Habits of Highly Effective Data Collections
Accepting that new technologies are becoming part of the business is key.Read More
Law departments realize they must change their habits regarding how they approach the front end of the e-discovery process. There is great opportunity for them to improve the entire process and reduce costs by taking a serious look at each step from information governance, to identifying custodians, to placing legal holds, to collecting the data.
This white paper outlines best practices in effective data collections, such as:
- Focusing on targeted collections right from the start, rather than "Collecting Everything"
- Collecting evidence soundly to be able to prove that your Collection protected the metadata
- Sharing the collections responsibility between Legal and IT through building capabilities and processes to eliminate friction
- Working smarter by adopting efficient ways to collect from remote locations, thus avoiding business disruption, unnecessary travel and expensive consultants
- Accepting that new technologies are becoming part of the business, rather than trying to ban them, adapt your collection strategies
Preservation Case Law - Fall 2015
As we reflect on cases of 2015, we continue to see the courts analyzing them for spoliation with a high bar to determine if awarding sanctions is appropriate.Read More
The standards set forth in proposed changes to Rule 37(e) require that in order to impose an adverse inference, spoliation must have (i) caused substantial prejudice in the litigation and the result of willfulness or bad faith; or (ii) irreparably deprived a party of any meaningful opportunity to present or defend against the claims in the litigation.
Download to learn more about these most recent preservation cases:
- United States ex rel Guardiola v. Renown Health
- New Orleans Reg'l Physician Hosp. Org., Inc. v. United States
- Grove City Veterinary Serv., LLC, V. Charter Practices Int'l, LLC
- HM Elecs. v. R.F. Techs., Inc.
- NuVasive, Inc. v. Madsen Med., Inc.
- Burd v. Ford Motor Co.
Moving to Microsoft Office 365?
Here's what you need to know for E-Discovery, with five ways you can empower your team to meet the challenges. Hint: it starts in the cloud.Read More
Corporations are rapidly moving to Microsoft Office 365. This shift is creating a new challenge for in-house legal teams seeking the strategy for managing data preservation collection and e-discovery.
Download this white paper to learn how to:
- Consolidate data from all sources
- Maximize Office 365's built-in tools
- Collect cloud to cloud
- Manage litigation hold notifications
PREX 2016 Practical - The New Law Department Professional
Corporate legal can realize significant savings bringing e-discovery in-house.Read More
These days, legal professionals are expected to lead the charge in implementing corporate initiatives aimed at reducing costs, mitigating risk, introducing new technologies, and changing corporate culture. No longer are the administrative priorities secondary to the substantive work - they are an integral part of it.
At the 2016 Conference on Preservation Excellence, panelists discussed ways the new breed of law department professionals are helping to transform their department so it runs like a business, from e-discovery to information governance and more.
Read the complete discussion featuring:
Moderator: Mike Quartararo, Director of Litigation Support Services, Strook & Strook & Lavan LLP
Panelists: David Castro, Associate General Counsel and Chief Litigation Counsel, Hess Corporation | Dawn Radcliffe, Legal Operations Manager, TransCanada Pipelines, Ltd. | Charisma Starr, Legal IT Manager, Exelon
The Definitive Guide to Preservation Case Law
Download to learn more about these most recent preservation cases tagged by Venue, Sanction and Topic.Read More
As we reflect on cases of 2016, we continue to see the courts analyzing them for spoliation with a high bar to determine if awarding sanctions is appropriate.
The standards set forth in proposed changes to Rule 37(e) require that in order to impose adverse inference, spoliation must have (i) caused substantial prejudice in the litigation and the result of willfulness or bad faith; or (ii) irreparably deprived a party of any meaningful opportunity to present or defend against the claims in the litigation.
Download to learn more about these most recent preservation cases:
- Noble Roman's, Inc. v. Hattenhauer Distrib. Co.
- Living Color Enters. v. New Era Aquacutlure, Ltd
- First Fin. Sec., Inc. v. Lee
- Brown Jordan Int'l, Inc. v. Carmiclet
- In re Takata Airbag Prods. Liab. Litig.
- Best Payphones, Inc. v. The City of New York
Preservation Case Law Summaries Fall 2016
A highlight of the 38 cases from 2016 exploring the impact of new rules on proportionality, scope of discovery, and sanctions for spoliation.Read More
It's been an interesting nine months since the amended Federal Rules of Civil Procedure went into effect. In this fall 2016 edition of our Case Law Update, we highlight 38 cases from 2016 that explore the impact of new rules on proportionality, scope of discovery, and sanctions for spoliation.
Download to learn more about these most recent preservation cases:
- First Niagara Risk Mgmt., Inc. v. Folino
- Hyles v. New York City
- Elkharwily v. Franciscan Health Sys.
- Atiles v. Golub Corp.
- Fulton v. Livingston Fin., LLC
- Wagoner v. Lewis Gale Med. Ctr., LLC
In-House Elevated: How In-House Legal Teams Mind the Gap When Migrating to Office 365
Addressing the considerations legal and IT teams will need to consider to safely protect discovery data during the period of migration to Office 365.Read More
The duty to preserve does not cease when an organization migrates data systems. In fact, not only does the duty persist, it becomes more complex.
Corporate legal teams must collaborate with IT to define a migration plan with processes that defensibly preserve data despite the complexity of a hybrid data world with half in the cloud and half on premise. Since data is not in one place, dual processes are required to ensure compliance is maintained throughout migration.
12 Processing & Early Case Assessment How Tos
Discover the key steps and get the results your organization needs during the ECA process.Read More
Are you not getting the results your organization needs during critical parts of the ECA process? Get the guide to optimizing key steps in your ECA and data processing workflow.
In this guide you'll discover how to:
- Establish a Budget for E-Discovery
- Find the Smoking Gun
- Find Hidden Keywords
- Mind the Gaps
- Find Secret Custodians
- And More
Bringing E-Discovery In House: A Recipe for Success
Discover the secret ingredients for successfully transitioning from outsourced to in-house e-discovery from three in-house legal professionals.Read More
Corporate counsel face constant pressure to do more with less. As data stores have ballooned, and as the cost of litigation and compliance investigations has grown, more organizations are looking for ways to lower the cost of e-discovery.
This new In-House Elevated whitepaper shares the recipes for success from leading e-discovery professionals who've already taken the leap and the practical lessons they've learned along the way.
Panelists Jack Thompson of Sanofi; Becki Bottemiller of Portland General Electric and Wendy Riggs of Twitter, Inc. discussed with Jennifer Bantelman of Zapproved, Inc. their thoughts about the benefits of insourcing the discovery process, how to plan for the transition, where to start, how to choose the most helpful technology, what model will work best, and what pitfalls to avoid.
2016 PREX Practical: The Perfect Preservation Notice RECAP
Apply these best practices to build a rock-solid legal hold notification process that inspires compliance.Read More
At the heart of preservation success is a solid legal hold notification process. That includes answering the who, what, when, why and how before notices are deployed. Solving these questions ahead of time can help legal teams build a rock-solid approach that targets key custodians at the right time and in the right words to inspire action.
In the session "The Perfect Preservation Notice: at the 2016 PREX, the premier conference for in-house e-discovery professionals, panelists explored the elements vital to a successful legal hold notice. From the words to choose to the boxes to check, they shared tips and best practices for creating a fail-safe plan.
Download the free summary of this 2016 PREX session. You'll find useful insider insight on:
- Writing to your audience
- How to design and phrase notices
- When to send notices
- Why training staff matters
- What channels work best
- How to close the hold loop
Moderator: Brett Tarr, Counsel, Litigation & E-Discover for Caesars Entertainment
Panelists: Craig Ball, Craig D. Ball, P.C. | Dawn Radcliffe, Legal Operations Manager at TransCanada, Ltd. | Kelly Lack, Litigation Counsel at Pacific Gas and Electric Company
E-Discovery Best Practices for Enterprises with Office 365 Data
Factors to consider when managing e-discovery in an Office 365 environment.Read More
As cloud adoption increases, and more enterprise data is moved onto cloud systems, enterprise legal and IT teams are seeking strategies to successfully transition their preservation processes for ESI and prepare to manage e-discovery in an increasingly Office 365 world.
In-house legal teams and their IT counterparts realize that current processes and technology are challenged to keep pace with the increased complexity of the task of this hybrid on-premise/cloud data environment and as systems are incrementally migrated.
Inside Enterprise-Class Security for the Legal Cloud
Key principles for making SaaS applications exceed security requirements demanded by corporate legal departments.Read More
This technical paper will look into the state-of-the-art approaches to security such as complete system logging and encryption protocols, as well as services offered by Amazon Web Services (AWS). Such approaches can ensure system and data integrity that go beyond what most enterprises are able to accomplish with their own data centers.
Key topics include:
- Shared responsibility
- Secure by design
- Valued third-party audits
- Principles over standards
- Continuous improvement and response