The Top 10 Blog Posts of 2017

This week we’re taking a break from our regularly scheduled ediscovery series to say thanks for being a reader of the Everlaw blog!

Before we close out the year, we wanted to look back at the most popular posts of the year. As expected, our readers are very interested in ways to improve their ediscovery workflow. Read on for helpful tips in any posts you may have missed. And happy holidays!

The Top 10 Blog Posts of 2017

  1. What to Do After an Inadvertent Production: Clawback Requirements of Federal Rule of Evidence 502: The inadvertent production of privileged discovery can be a significant challenge both legally and technically. The case Leibovic v. United Shore Financial Services, LLC, provides a good example of Federal Rule of Evidence 502(d) and (e) in action. Meanwhile, Everlaw’s production modification tools can quickly update a production to claw back privileged records. 
  2. The Hound of the Boilerplate Objections: Fischer v. Forrest: Magistrate Judge Andrew Peck’s opinion in the trademark and copyright case Fischer v. Forrest is a study in scarlet for those who make boilerplate discovery objections. Courts do not want vague boilerplate objections in violation to the Federal Rules of Civil Procedure. Judges want specifics, such as how much data needs to be reviewed, how much is responsive, what is being withheld, and when it will be produced.
  3. In Camera Review of Claimed Privilege Communications: Dyson, Inc. v. SharkNinja: Protecting confidentiality can be a challenge for attorneys when someone outside of the firm needs to review data in a database. One option for larger cases is to use Everlaw Projects, allowing attorneys to share challenged, privileged communications with a judge directly for in camera review. 
  4. The Tipping Point: Predictive Coding: How does innovation make an impact? Sometimes it lands with a bang, like the iPhone. Other times, it builds gradually toward a greater transformation. Has predictive coding reached a tipping point? We asked Benjamin Kennedy from our Australian partner, NuLegal, for the view from the other side of the world. 
  5. Instead of Fighting About Discovery, Set up First and Second Pass Review to Produce Responsive ESI: Reviewing electronically stored information (“ESI”) for productions should be a streamlined process to identify responsive information. Instead, parties often intentionally derail review in new and unexpected ways Leveraging search terms, assignments, and predictive coding can help attorneys have a dynamic workflow to find ESI that is responsive to discovery requests. 
  6. Machine Translation: Reviewing Foreign Language in Ediscovery: International business raises a complex question for litigators: how do you review discovery in a different language? Everlaw’s review platform can search for, identify, and translate 50+ languages with Google’s enterprise translation API. 
  7. Now Introducing: Full Screen Review Mode!: In our August 2017 release, we added full screen review mode, a fully-customizable mode for document review. The new view is a more flexible layout that can be customized to support the use cases of both the power user and the user who wants simplicity in their workflow. 
  8. Strategic Document Review: From Issue Coding to Privilege Logs: Producing electronically stored information is more than simply running a search and hitting “produce.” When it comes to document review strategies, plaintiffs and defendants share some common goals. Effectively meeting these goals requires developing a strategic document review plan that does not waste time, money, or resources. 
  9. Uploads, Productions, and Real-World Practice: a Conversation with Elevate: We caught up with Mike Dunn, director of legal services at our partner Elevate, to hear how uploads and productions used to be conducted (before our self-serve tools), and why there was so much room for improvement. 
  10. Cloud Ediscovery Solutions for Solo and Small Firm Lawyers: Seth Leventhal, a Minnesota-based civil litigator with over 20 years of litigation experience, gave us his take on the effectiveness of cloud-based ediscovery solutions for solo and small firm lawyers.

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