July 2017 Ediscovery Case Summaries

Court Orders Partial Cost-Shifting, with Plaintiff’s Counsel to Bear ESI Production Costs for Lack of “Meaningful Meet-and-Confer Sessions”
Bailey v. Brookdale Univ. Hosp., 2017 U.S. Dist. LEXIS 93093 (E.D.N.Y. June 16, 2017)

A Tale of Two Phones: Court Forbids “Fishing Expedition” for Deleted Personal Data on Employer-issued Cell Phone, but Authorizes Discovery of Relevant Data from Personal Cell Phone
Tingle v. Hebert, 2017 U.S. Dist. LEXIS 88936 (M.D. La. June 8, 2017)

Court Finds Data Storage, Processing, Review and Production Costs as Non-Taxable in Post-Trial Motion
Wis. Alumni Research Found. v. Apple, Inc., 2017 U.S. Dist. LEXIS 86418 (W.D. Wis. June 6, 2017)

Sanctions Motion Denied Where There is No Prejudice or Intent to Deprive and Documents Could Have Been Restored or Replaced Through Additional Discovery
Eshelman v. Puma Biotechnology, Inc., 2017 U.S. Dist. LEXIS 87282 (E.D.N.C. June 7, 2017)

Court Denies Motion for Sanctions After Discovery Period Ends
Kennedy v. Supreme Forest Prods., 2017 U.S. Dist. LEXIS 77005 (D. Conn. May 22, 2017)

The DOJ and FTC; State and Federal Antitrust Laws; and Merger Enforcement in the Energy and Healthcare Sectors

New trends in antitrust law are impacting how agencies view company mergers. Previously, in part one of this video series, antitrust experts discussed how policy changes and technological advancements are impacting antitrust laws.

In part two of our antitrust video series, KrolLDiscovery shares the remaining videos from the 2017 Annual Spring Meeting of the ABA Section on Antitrust Law, made in collaboration with The Capitol Forum. Each video is organized with a short description to make it easier for you to decide which of these compelling videos to view first. Enjoy!

Are the Agencies Taking a More Aggressive Stance?

Watch: Aggressive Trends in Merger Review featuring George Paul, partner at White & Case LLP, as he discusses how this aggressive trend is reliant on several factors, such as structural presumptions and narrow market definitions.

Watch: Aggressive Trends Impact Efficacy of Mergers featuring Ian John, partner at Kirkland & Ellis LLP, as he discusses how this aggressive trend is impacting the timeframe of when transactions become finalized and how this trend will impact merger transactions in the future.

Watch: Unfavorable Antitrust Provisions Lead to More Litigation featuring Cliff Aronson, partner at Skadden Arps Slate Meagher & Flom, as he sees an increasing trend of companies negotiating unfavorable antitrust provisions, requiring them to go the full length of the investigation and possibly into litigation.

Merger Review in the Energy Sector

Watch: Mergers in the Energy Sector featuring Billy Vigdor, partner at Vinson & Elkins LLP, as he explains how market expansion in the energy sector may interplay with merger analysis and control under the Trump administration.

Mergers in the Healthcare Industry

Watch: Antitrust and Healthcare Consolidation featuring Joseph Miller, a partner at Crowell & Moring LLP, as he discusses current cases in the field of healthcare consolidation, the Affordable Care Act’s impact on healthcare consolidation and the future of healthcare consolidation.

Federal and State Engagement in Antitrust Law

Watch: Federal and State Relationships in Antitrust featuring Melissa Maxman, partner at Cohen & Gresser LLP, as she discusses the antitrust exemption in the Shipping Act and relationships between state and federal antitrust laws.

Watch: State Involvement in Antitrust Law featuring Kathleen Foote, senior assistant attorney general at the California Department of Justice, as she explains how states have become more involved in antitrust law and the impact states have on national mergers.

Fighting Fraud in France: How Sapin II and Ediscovery Technology Can Help

James Farnell, KrolLDiscovery, Legaltech News

Editor’s note: this article originally appeared in Legaltech News.

Fraud, corruption, bribery. Across the globe, these challenges hit close to home for legal and IT professionals regularly called on to collect, analyze and produce data in support of an active investigation or compliance audit.

In France, game-changing legislation is taking effect to strengthen anti-corruption efforts and U.S. businesses with global operations need to be prepared. The provisions of new anti-corruption legislation, Sapin II, have just come into force in France (as of May 2017). Sapin II, adopted on November 8, 2016, is modeled on the U.S. Foreign Corrupt Practices Act (FCPA) and the UK Bribery Act.

Sapin II: The Key to Closing Loopholes in France

In 2005, Sapin II was first proposed and named after Michel Sapin, a French politician and France’s Finance and Economic Minister. Like many countries, France has attempted to combat fraud through multiple anti-corruption laws. However, these laws had several loopholes. The main aim of Sapin II was to strengthen existing anti-corruption legislation by implementing provisions that would close existing loopholes in France’s anti-corruption laws.

Sapin II is a comprehensive anti-corruption framework, some parts of which are more important than others. Below are a few key provisions of Sapin II, along with brief explanations.

1. France’s Expanded Jurisdictional Reach: Prior to Sapin II, French prosecutors had limited jurisdiction in bribery cases. Sapin II removed these restrictions and gave criminal prosecutors the opportunity to charge more offenders in bribery cases.

2. Creation of the French AntiCorruption Agency (AFA): Sapin II created a new administrative agency known as the AFA. The AFA has replaced the Central Service for the Prevention of Corruption (SCPC). It is monitored by a presidential appointee and a sanction commission. The AFA has four major responsibilities:

  • Prevent and detect corruption in the private and public sector;
  • Help companies implement compliance programs that are required;
  • Report violations of the law to prosecutors; and
  • Oversee the monitorships of corporations.

The AFA sends informative reports to the Justice and Budget Ministries to work together to keep up with fraud and anti-corruption strategies.

3. Compliance Program Requirement: Under Sapin II, a company must have a compliance program in place when there are more than 500 employees and the company has a gross revenue exceeding 100 million euros. This is applicable to both French subsidiaries and non-French companies who fulfill the above criteria. There are eight criteria that must be met in order for a compliance program to be deemed to be sufficient by the AFA. The most important criteria are that there must be corporate risk mechanisms and disciplinary procedures in place. Failure by a company to have a compliance program could lead to directors and managers being sanctioned by the AFA.

4. Whistleblower Protection Provision: Sapin II protects those who with good faith report against those who have violated any of France’s laws, international treaties where France is a party, or have threatened the public interest. In order for the whistleblower to receive protection he or she must notify a supervisor directly or indirectly. If the issue is not resolved within a reasonable amount of time then external parties may be notified and if three months have gone by and it is still not resolved, the public may be notified about the violation. Retaliation against a whistleblower can lead to both criminal and civil punishment.

5. French Deferred Prosecution Agreements (DPA): Sapin II’s DPA is modeled on the U.S. DPA. French corporations are forced to argue facts that have been listed by the DPA. Whether a corporation is punished depends on the judgment from a court through a public hearing. If found guilty, a fine of 30 percent of the company’s average revenue for the past three years must be paid to the French Treasury.

6. New Criminal Offenses and Bribery: It is now a crime for any company or individual to offer a donation, gift or reward to sway a public officer to abuse their discretion with public authority or government. This new criminal offense combines both French criminal law and anti-corruption efforts to stop and prevent fraud.

Sapin II and Ediscovery Technology

As legal and technology professionals in law firms and corporations begin to work under the new provisions of Sapin II, it will be increasingly important to turn to technology solutions to audit compliance programs and investigate fraud. Of particular interest within Sapin II, is the requirement that companies implement a procedure for assessing the effectiveness of a particular compliance program. The review of corporate electronic communication is one way of ensuring that organizations are complying with anti-corruption laws and ediscovery technology can be a critical piece of a thorough compliance audit. For example, the data analytics features in many leading ediscovery review platforms can help detect hidden or emerging compliance risks under anti-corruption laws.

In addition to assisting with a compliance review, legal professionals have increasingly leveraged ediscovery technology to facilitate the investigation and analysis of specific fraud matters. For example, in sensitive investigations, companies can rely on computer forensic experts to collect data and make use of mobile ediscovery technology which allows data to be processed, hosted and reviewed at the company’s premises, if need be. Data need not leave the premises while a sensitive investigation is underway. Most importantly, in France or anywhere around the globe, companies need to seek guidance from local experts to assist in the navigation of local data protection laws and with the collection, processing and analysis of electronic evidence in investigations and litigation.

Whether fighting fraud in France, investigating money laundering in Brazil or collecting data from a Chinese subsidiary in a U.S.-based litigation, organizations all over the world can manage a wide range of business and legal challenges using ediscovery technology.

Antitrust Law in the Era of Trump, Brexit and Technological Innovation

Recently, leading practitioners in antitrust law congregated in Washington, DC to discuss various effects the changing world has on antitrust laws and enforcement. At the Annual Spring Meeting of the ABA Section of Antitrust Law, KrolLDiscovery partnered with The Capitol Forum to create a video series of thoughts and insights from nationally-renowned antitrust experts.

Political change and technological advancement throughout the world has transformed policies and institutions enforcing antitrust law. The new administration of President Trump, Brexit, various policy changes and fast-moving technological advancements all create implications in the many fields of antitrust law. Part one of our video series will focus on how these changes are affecting antitrust law and litigation. Each video is organized with a short description to make it easier for you to decide which of these compelling videos to view first. Enjoy!

DOJ and FTC Involvement in Antitrust Law and Mergers

Watch: The Role of the FTC’s General Counsel featuring Bill Blumenthal, partner at Sidney Austin LLP, as he discusses his experience with antitrust law and merger regulations while acting as former General Counsel for the Federal Trade Commission.

Watch: Major Changes to the Antitrust Guidelines for International Enforcement and Cooperation featuring Jeff Jaeckel, co-chair of Morrison & Foerster’s antitrust law practice group, as he discusses the new DOJ and FTC antitrust guidelines on international law released in January 2017.

Watch: Competitive Effects featuring Ken Reinker, a partner at Cleary Gottlieb Steen Hamilton LLP, as he discusses how agencies review and analyze competitive effects and what impact the new administration will have on this analysis.

Technology’s Role in Merger Review and Antitrust Litigation

Watch: Big Data and Antitrust Enforcement featuring Maurice Stucke, of counsel at the Konkurrenz Group and law professor at the University of Tennessee, as he discusses big data’s impact on the traditional areas of antitrust enforcement and the resulting issues for mergers.

Changing Global Policies Impact U.S. Antitrust Laws

Watch: Global Antitrust Approach featuring Nick Gaglio, a partner at Axinn Veltrop & Harkrider LLP, as he discusses the importance of a global antitrust counsel, complexities of dealing with multiple jurisdictions and the effects of the new administration on global antitrust regimes.

Watch: Impacts of a Changing World featuring Jay Modrall, a partner at Norton Rose Fulbright, as he discusses differences in the Commission’s and CMA’s approach to transactions, the present and future impact of Brexit on global antitrust law, and how to mitigate the ensuing negative consequences.

In the next month, watch for part two of The Capitol Forum series, containing additional interviews with leading antitrust experts.

June 2017 Ediscovery Case Summaries

Should We Split It? Court Denies Defendant’s Motion to Be Relieved from Discovery Costs
Hawa v. Coatesville Area Sch. Dist., 2017 U.S. Dist. LEXIS 37675 (E.D. Pa. Mar. 16, 2017)

Hold Onto the Phone: Turning in Phone for Rebate has Preservation Consequences
Montgomery v. Iron Rooster-Annapolis, 2017 U.S. Dist. LEXIS 71338 (D. Md. May 9, 2017)

Court Grants Terminating Spoliation Sanctions Due to Abusive Litigation Practices
OmniGen Research v. Wang, 2017 U.S. Dist. LEXIS 78107 (D. Or. May 23, 2017)

Court Orders Parties to Meet and Confer to Determine Scope of Discovery Request
Elhannon v. F.A. Bartlett Tree Expert Co., 2017 U.S. Dist. LEXIS 58693 (D. Vt. Apr. 18, 2017)

Texas Supreme Court Weighs in on Native File Format Production
In re State Farm Lloyds, 2017 Tex. LEXIS 482 (Tex. May. 26, 2017)

50 States: Civil Procedure Rules in State Court – Part 2

Cue the fanfare…The new and improved rules map is here!

This spring, we worked to update our state ediscovery rules map – looking at each state’s civil procedure rules and how they approach ediscovery. Want to know which states have already adopted the 2015 Federal Rules of Civil Procedure (FRCP) amendments? Which states are still following the 2006 FRCP language relating to ediscovery? What states don’t have any ediscovery provisions whatsoever?

We looked at each of the 50 states (plus the District of Columbia), classifying them into five color-coded areas:

  • A pink state has substantially adopted the 2015 FRCP Amendments. There are three pink states: Arizona, Colorado and Wyoming.
  • A yellow state is actively taking on or considering new rules: either a version of the FRCP or its own. There are four yellow states: Florida, Kansas, Mississippi and Oklahoma.
  • A blue state has adopted and continues to follow the 2006 FRCP Amendments. There are 27 blue states, which includes every state not listed in another category.
  • A green state marches to the beat of its own drum, using unique language and standards. There are 14 green states: Connecticut, Delaware, Georgia, Illinois, Missouri, Nebraska, Nevada, New Hampshire, New York, Pennsylvania, Rhode Island, Texas, Utah and Washington.
  • A grey state signifies that the state has no ediscovery rules in place at this time. There are three grey states: Kentucky, South Dakota and West Virginia.

With so many jurisdictions, we want you to know the restrictions. From Hawaii to Virginia and Florida to Oregon, click each state to view its pertinent statutes and rules, along with suggestions for further reading about that state’s ediscovery protocols.

Ediscovery Rules & Statutes (Not Just a Pretty Map)

As we shared with you in our first blog on the 50 states of ediscovery, it has been a while since our map was updated. Some states made drastic changes, while others were happy with their own status quo. What happened in your state? Here is just a sample of what you will find.

Colorado Climbs Onboard

The Rocky Mountain State changed from grey to pink in 2015 when it adopted the then-upcoming FRCP amendments of the same year. A couple small differences remain: Colorado’s version reads Rule 26 in conjunction with Rule 1 to “secure the just, speedy, and inexpensive determination of every action.” Also, its Rule 37 does not mirror the FRCP.

Connecticut Calls its Own Shots

Some states adopted the 2015 FRCP, some did not and still others came up with their own version. Connecticut did all three, which earned it a swap from blue to green on our map. While Connecticut adopted the 2015 FRCP’s proportionality language, its sanctions wording is similar to that of the FRCP’s 2006 version. Interestingly, the state also includes an ethical requirement of “technological competence” as part of an attorney’s obligation to keep up with changes in the practice of law.

Illinois Gets Ahead of the Game

Illinois’ motto is “State Sovereignty, National Unity” and that sentiment is certainly reflected in its state Rules of Civil Procedure. Its many unique ediscovery provisions means it changed from yellow to green on our map. Illinois shares the FRCP’s emphasis on proportionality, with the state’s committee commenting that this amendment was added primarily to address the discovery of ESI. Illinois’ rules go even further by creating a list of ESI that should not be discoverable due to difficulty, but keeps its eye on the horizon by emphasizing flexibility as technology continues to advance.

Oklahoma: Amendments on the Horizon

Oklahoma adopted the 2006 FRCP in 2010. In early 2017, the state legislature proposed amendments to adopt the 2015 FRCP’s proportionality language and those amendments are still pending. Statute §12-3225 drops “liberally construed” and adds “construed, administered, and employed by courts and parties to secure” the just, speedy and inexpensive determination of action to mimic FRCP Rule 1. Its §12-3226 proposal mirrors the 2015 FRCP Rule 26(b) with one exception: it retains the phrase “reasonably calculated” just before the “relevant and proportional” wording. These proposed changes are enough to bump Oklahoma’s color from blue to yellow.

While the 50 states have rules almost as diverse as the states themselves, it is clear that the FRCP has had a role in shaping state civil procedure models. Over the next year, it is likely that more states will amend their rules to reflect the new FRCP, while others will continue to utilize their own unique standards.

If you practice in state court anywhere across the country, you need to know the discovery requirements, because they may be similar to the new FRCP or vastly different. Keep yourself in-the-know and check out each of the 50 states plus the District of Columbia today on KrolLDiscovery’s Rules and Statutes Map.

Japan and China: New Data Protection and Transfer Laws Imminent in Asia Pacific

Ediscovery in China

Kate Chan, APAC ediscovery

Kate Chan, KrolLDiscovery, Legaltech News

Editor’s note: this article originally appeared in Legaltech News.

The global ediscovery community is abuzz about data protection. 2018 will usher in new data protection and transfer laws in the European Union (EU), but many ediscovery professionals are less informed about similar changes in Asia that have recently taken effect.

Japan: Land of the Rising Sun

Japan’s Act on the Protection of Personal Information (APPI) stands as one of Asia’s oldest data protection laws and has remained unchanged since it went into effect in the early 2000s. The decision to enact Japanese amendments to the APPI was most likely influenced by three factors: a significant increase in the volume of data being created, a rise in data breaches and illegal sale of private information and a pressure to update policies in light of the EU’s work on the General Data Protection Regulation (GDPR).

A word of warning: The APPI amendments went into full effect on May 30, 2017 and Japanese authorities expect companies to make immediate changes. Below are some key provisions of the APPI amendments in Japan.

1. Creation of the Personal Information Protection Commission: The amended APPI went into partial effect in 2016, creating the Personal Information Protection Commission (PPC) as a central, independent regulatory authority with enforcement powers.

2. Two new classifications: Two information classifications will determine whether data can be transferred and if the owner of that information can give consent to its transfer: sensitive information and anonymized information. Sensitive information (information about a person’s race, creed, social status, medical records, criminal history, etc.) receives enhanced regulatory protection, with the person’s content required before such data can be transmitted. Anonymized information (personal information where there is no possibility of identifying the person) can be transmitted with restrictions but without the express consent of the individual.

3. “Opt-in” is now “opt-out”: The current rules require the user’s permission before personal data can be transferred. Under the amendments, companies can share data without permission if they disclose certain information to the user beforehand, such as the nature and purpose of the personal data being provided, and the way the data is being provided. The company transferring the information must also give the user the option to opt out of the transfer before it occurs. Businesses must disclose to the PPC if they will continue to default to an “opt-out” policy, or change the process transferring information to a third party. The PPC will make these changes known to the public.

4. International data transfer policy: For the first time, the APPI will address international information sharing. Any company transferring personal records outside Japan’s borders will need the user’s permission and opting out will not be an option unless the foreign jurisdiction has similar privacy standards.

5. Sanctions for noncompliance: The PPC is enacting a two-tiered criminal penalty measure into the APPI and its guidelines. A negligent violation will bring about an enforcement notice ordering the company to either correct the issue or halt data transfer operations. Failure to comply may result in imprisonment up to six months or a fine up to JPY 300,000. Intentionally stealing or providing personal information for a dishonest purpose may result in a direct penalty of up to one year in prison or a fine up to JPY 500,000.

China: The Red Dragon

In early June 2017, the People’s Republic of China is implemented its controversial Cybersecurity Law. The government is becoming more involved with data protection and strengthening enforcement. Up until now, its current rules have not been clearly defined or regularly enforced, so it is important to keep up with developments or risk getting caught off guard.

Unlike Japan’s focus on protecting data, China turns its attention to the network operators managing data. Below are some key facets to its new policy.

1. Data stored in mainland China: The new law insists that Chinese citizens’ “personal information” and “important data” be stored on servers within its borders. Any companies claiming an exception that is “truly necessary” must undergo a security assessment before information can be released. This will affect the majority of foreign companies that operate in China; in particular, those that use their global infrastructure and IT resources to operate their business in China, as the original data collected, including business data and customer data, within China will typically be stored directly in the data centers or servers physically located overseas. For example, many global companies are still using email servers located outside China for their China operations.

2. Law applies to network product and service providers: The majority of the new law’s provisions apply to “Critical Information Infrastructure Operators” (CIIO) possessing data critical to China’s security. Industries predominantly targeted in this new definition include financial, transportation, health care, utilities and telecommunications.

3. Stronger data protection provisions: Supplementing existing data privacy guidelines in China, network operators must first obtain their clients’ consent before collecting and disclosing personal information, including the reason for the disclosure, and take measures to ensure the security of personal information. Companies need to ensure that an appropriate framework is established for collecting and using data, demonstrating that any data collected has a proper purpose and that its use can be explained in detail. Companies should also ensure appropriate security and protection measures are in place to safeguard the data as well as incident response procedures for responding and reporting any breach.

4. Security examinations: All network providers must pass a “network security examination.” This includes specific requirements that network operators must follow when purchasing new network systems.

5. Severe consequences for noncompliance: While specific penalties are unknown at this time, cancellation of a business license is part of the current regulations. Additionally, the new regulations require CIIO’s to establish violation reporting mechanisms, suggesting that China is taking the new law very seriously.

In instances where there are concerns with removing data from China, or the company premises themselves, a mobile solution may be the answer. Over the past couple of years, mobile technology has become incredibly powerful, facilitating processing, filtering and analysis onsite. Onsite mobile solutions can also be used in tandem with traditional processing by acting as a cost-effective method of segregating and filtering out personal information, sensitive company data or privileged documents early on and prevent unwanted disclosure. When conducting ediscovery or internal investigations in China, companies must review and clear any state secrecy or data privacy concerns, and redact sensitive information prior to sharing it out of the country. This, in turn, reduces the risks and costs associated with over-collection by culling irrelevant data and focusing on what is relevant or responsive.

As legal and technology professionals in law firms and corporations prepare for the data protection implications of the EU GDPR, do not disregard important changes afoot in Asia. Most importantly, seek guidance from local, in-country experts, prepared to help you collect, host and transport data in investigations, litigation or regulatory matters around the world.

Modern Ediscovery: Making Sweet Music in the Virtual Age

Who wants a flip phone when you can have the latest smartphone in your pocket? No one wants to be seen as behind-the-times in this technology-driven age. When it comes to ediscovery, we want to be modern, too. In fact, we must be modern; outdated methods will simply get you (and your client) in trouble.

Recently, I had the pleasure of presenting a webinar, Ediscovery Program Management: From Vinyl to Virtual, with two ediscovery gurus – one a former colleague and one a current colleague. Along with Josh Zylbershlag, ediscovery litigation services director at Paul, Weiss, Rifkind, Wharton & Harrison LLP and Tom Barce, director of consulting services at KrolLDiscovery, we explored the history of the music industry, comparing it to our own “vinyl to virtual” shift in the ediscovery industry. Are you still conducting ediscovery the same way you would buy music off the racks in the record store? Or, have you adapted to digital download or a streaming subscription?

  • Information Governance: Are you still managing huge file servers with no idea what’s on them, or are you an organization that creates, uses and governs information with an eye toward accessibility?
  • Legal Hold: Has your corporation adopted legal hold policies and guidelines? Have you taken it virtual by subscribing to technology solutions with effective legal hold management?
  • Collection: What about your collection processes? Are you sending droves of people to collect data every time there is a new case or are you leveraging modern remote collection technology and centralized discovery databases?
  • Search and Analysis: Is it time to update your review practices? Are you still in the dinosaur age, not using electronic workflow and batching, dynamic data profiling, innovative search analytics, predictive coding and sampling?

Our goal in this webinar: to make sweet music at each stage of the EDRM by discussing modern ediscovery practices. Want more to learn more? Watch the webinar today!

The Sedona Conference Commentary on Proportionality

As discussed in a blog back in January, 2017 is the year of proportionality.

The Sedona Conference Working Group on Electronic Document Retention & Production (WG1) recently released a new version of its publication, The Sedona Conference® Commentary on Proportionality in Electronic Discovery. This is the working group’s third iteration of this publication and is intended to address the 2015 amendments to the Federal Rules of Civil Procedure (FRCP).

This latest version focuses on the amendments to FRCP Rules 26 and 37, emphasizing the importance of proportionality in discovery. The authors note the balance of burden against benefit, stress that reasonableness depends heavily upon the facts within each case and underscore the importance of proactive communication between the parties throughout the litigation process. Additionally, the prominence of proportionality means that the amount in controversy is now only one of many factors that courts use to define the scope of discovery.

Specifically, the Sedona publication examines six proportionality principles:

  1. The burdens and costs of preserving relevant electronically stored information should be weighed against the potential value and uniqueness of the information when determining the appropriate scope of preservation.
  2. Discovery should focus on the needs of the case and generally be obtained from the most convenient, least burdensome and least expensive sources.
  3. Undue burden, expense or delay resulting from a party’s action or inaction should be weighed against that party.
  4. The application of proportionality should be based on information rather than speculation.
  5. Nonmonetary factors should be considered in the proportionality analysis.
  6. Technologies to reduce cost and burden should be considered in the proportionality analysis.

This updated document is another valuable resource for litigation teams dealing with the implications of the 2015 FRCP amendments. Commendations to the drafting team, and all those involved in the Sedona Conference!

Spring Digest: Everything You Need to Know (so far!) in 2017

Ediscovery has been busy this year. We’re only five months in and we’ve already seen developments in predictive coding, proportionality standards and ediscovery practices around the world.

Before you head off on your summer vacation, take a minute to refresh yourself on some of the hottest topics in ediscovery so far this year.

Proportionality is Key

One of the most significant amendments to the Federal Rules of Civil Procedure back in 2015 was a new requirement for discovery to be “proportional to the needs of the case.” Today, counsel must ensure that their discovery requests are specific and add value to their case in relation to the accompanying expense.

Australia Gets in the Predictive Coding Game

First the United States, then Ireland and England, and now Australia. Predictive coding (also known as TAR) continues to spread around the world as courts encourage parties to consider technology to discover and inspect documents.

Using Cellebrite in Mobile Phone Investigations

You need not be a computer wizard to appreciate the volumes of relevant data housed on the mobile device in your hand. The standards and technology for extracting mobile device data are still progressing, variable and slightly confusing. KrolLDiscovery’s Jason Bergerson answers common questions around specific technology and processes in mobile phone investigations.

Ediscovery Around the World

Throughout this year, KrolLDiscovery will be diving deep into ediscovery practices around the world. We hope you’ll join us as we explore data collection, privacy, proportionality and production practices in the Americas, EMEA and APAC. So far, we’ve stopped in Australia, Ireland, Canada, the U.K. and Germany to discuss some ediscovery trends in each locale.

Be sure to sign up for updates from The Ediscovery Blog to stay on top of everything ediscovery.

 
css.php