Governance, Risk, Compliance and Cloud: A Fresh Look at Benefits, Value Proposition | Nanda Ramanujam

Today’s world is undergoing phenomenal and unprecedented change. From political chaos and economic volatility, to great strides in the fields of science and technology, to an increasingly savvy and global workforce. All of this together is pushing the envelope forward, but also requiring us to take a step back to ask some tough questions about how we as individuals, organizations, governments, and societies will continue to meet the needs and demands of future generations.

>Click here for more on the tough questions of cloud adoption.

The Cloud's Threatening Legal Storm | Peter S. Vogel

Cloud agreements are at least as financially risky as any other major agreement a cloud customer may sign. However, most businesses just agree to the cloud provider's online click agreement, assuming it is totally a take-it-or-leave-it deal. That approach does not work for many companies -- especially those that must be sensitive to compliance with various laws across international borders.

>Click here to learn more about the potential risk in cloud agreements.

Riley Cell Phone Decision a Red Herring in E-Discovery | Craig Ball

Yesterday’s post on the Digital Strata blog reported on a 2014 order of a U.S. District Court in Connecticut that applied the U.S. Supreme Court’s decision in Riley v. California, 573 U.S., 134 S. Ct. 2473 (2014) to civil discovery. I think the Court’s reliance on Riley is misplaced in the civil discovery context; not just because Riley involved state action, but because civil discovery affords a litigant greater protection from oppression and intrusion than that attendant to the search and seizure in Riley.

>Click here for more on search and seizure considerations in eDiscovery.

Defendant Compelled to Produce Employees’ Personal Data in EEOC Dispute | Doug Austin

In EEOC v. DolgenCorp LLC d/b/a Dollar General, No. 13-cv-04307 (N.D. Ill. May 5, 2015), Illinois District Judge Andrea R. Wood granted the plaintiff’s motion to compel the defendant to produce electronically-stored information (“ESI”) containing personal information of the defendant’s conditional hires and complete versions of documents that the defendant previously produced with portions redacted due to purported lack of relevance. She also ordered the plaintiff to produce documents previously withheld due to privilege for an in camera review.

>Click here to read more on eDiscovery case relating to personal data.

Five Years of Magic: The Gartner Magic Quadrant for E-Discovery Software | @ComplexD

Published annually by Gartner, the world’s leading information technology and research advisory company, the Magic Quadrant for E-Discovery Software is a concise research report that highlights key market developments and dynamics in the field of eDiscovery and provides a comparative evaluation of leading eDiscovery software vendors. This short post provides a five-year snapshot of previous published eDiscovery Magic Quadrants and covered eDiscovery software firms.

>Click here for more on Gartner's eDiscovery Software Magic Quadrants.

The Challenge of eDiscovery Cost Taxation | @ComplexD

Daily we read, see, and hear more and more about the costs of electronic discovery. One interesting discussion related to these costs is how they can or cannot be taxed. In his excellent Bow Tie Law Blog, eDiscovery expert Josh Gilliland highlights a recent case where the taxation of eDiscovery costs were addressed by the Court.

>Click here to learn more about taxation of eDiscovery costs.

New Webinar: Opposing Perspectives in Document Review | Gene Albert

Plaintiffs and Defendants face unique challenges when conducting discovery. While both sides share a duty to competently review relevant case documents, goals and methodologies can differ distinctly. This webinar will cover how these different approaches can benefit from specialized document review strategies and technology.

>Click here to access this new webinar on opposing perspectives in document review.

Using Extrapolated Precision for Performance Measurement | Bill Dimm

An overview of a new paper providing a novel method for extrapolating a precision-recall point to a different level of recall. The paper advocates making performance comparisons by extrapolating results for all systems to the same level of recall if the systems cannot be evaluated at exactly the same recall (e.g., some predictive coding systems produce a binary yes/no prediction instead of a relevance score, so the user cannot select the recall that will be achieved).

>Click here to learn more about extrapolated precision.

How One Startup Wants to Solve an 'Insane' Problem for a $400 Billion Industry | Matt Weinberger

Right now, eDiscovery can account for as much as 70% of the cost of any legal action or lawsuit — for a lawsuit that costs a litigant $2.5 million, as much as $1.75 million of that can go toward discovery. Law firms often spend as much as $100,000 a month on eDiscovery, and one analyst in 2012 found the average cost was about $18,000 per gigabyte.

"eDiscovery sucks," says [Andy} Wilson. "It's an insanely inefficient process that would drive any normal human insane."

>Click here to learn more about the challenge of eDiscovery.

When Will There Be a Presumption that ESI Is Inaccessible? | eLessons Learned

Parties requesting e-discovery speak up or forever be subject to possible cost-shifting.  Generally, the responding party bears its own costs of complying with discovery requests; however, the rules of discovery allow a trial judge to shift the cost to the requesting party in certain circumstances.  Cost-shifting does not even become a possibility unless there is first a showing that the electronically stored information (“ESI”) is inaccessible.  However, if neither party submits to the Court that the ESI is accessible, then courts can presume it to be inaccessible.  This should be especially concerning to the requesting party, who typically does not bear the burden to pay for such costs.

>Click here to learn more about cost-shifting in eDiscovery.