Because You Need to Know: Monthly News Round-Up for February 2020

A monthly round-up of industry news stories, useful publications, and notable cases of which you should be aware from the preceding month

Welcome to “Because You Need to Know,” XDD’s monthly news round-up.  In these posts, we gather together interesting articles, noteworthy cases, new publications, and XDD materials from the preceding month.  This post gathers items of interest from February 2020.

Industry News Stories

Interesting topics in the news from February include collaboration tool challenges, adapting to the CCPA, and legal service offering innovations:

Notable Cases

New eDiscovery cases discussed in February include:

Useful Publications

New industry publications released in February include:

XDD Materials

In February, XDD published three new blog articles, a new white paper, and a new educational webinar:

  • White Paper
    • When the Bough Breaks: ESI Spoliation Sanctions – Among Federal Rules of Civil Procedure revised in December 2015, was Rule 37, which governs discovery failures like ESI spoliation and the associated sanctions.  The amended version of this rule included three significant changes from the version that preceded it, in the hopes of producing greater consistency and predictability. In the four years since this amendment became effective, the amendment has achieved that goal, to some extent, but it has also created new areas of ambiguity and conflict.  For example, what are “reasonable steps to preserve”?  What is a sufficient basis for a finding of “intent to deprive,” and who makes the call?  What curative measures and sanctions should be used when?  Can courts still act under their inherent authority as well?  In this free, twenty-six page white paper, Director of Education Matthew Verga, JD, reviews an assortment of cases from the past four years to explore the answers to those questions and more.
  • Educational Webinar
    • The Final Countdown: Production Fundamentals – The final thing eDiscovery practitioners must be able to do during discovery is to produce ESI effectively. How materials are produced affects how long they take to prepare and how easily they can be searched, reviewed, and used later in depositions and at trial.  Negotiating production format, including details like whether and what metadata will be provided, can both ensure maximum usability of what you receive and preempt disputes over what you produce and how you produce it.  In this free, one-hour educational webinar, XDD Director of Education Mathew Verga, JD, reviews the fundamentals practitioners need to know about production, including: primary available production formats; load files, metadata, redactions, and endorsements; rules and cases on who gets to choose format; production preparation processes; and, quality control and logging processes.

As always, we welcome your input regarding future topics for our webinars, articles, and white papers.  Share your interests with us here.

About the Author

Matthew Verga

Director of Education

Matthew Verga is an electronic discovery expert proficient at leveraging his legal experience as an attorney, his technical knowledge as a practitioner, and his skills as a communicator to make complex eDiscovery topics accessible to diverse audiences. A fourteen-year industry veteran, Matthew has worked across every phase of the EDRM and at every level from the project trenches to enterprise program design. He leverages this background to produce engaging educational content to empower practitioners at all levels with knowledge they can use to improve their projects, their careers, and their organizations.

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