Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.
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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Appeals Court Upholds Default Judgment for Discovery Violations, Including Wiping Files from Laptop: eDiscovery Case Law
 Appeals Court Upholds Default Judgment for Discovery Violations, Including Wiping Files from Laptop: eDiscovery Case Law 479 270 CloudNine

In Trude et. al. v. Glenwood State Bank, et. al., a Minnesota Appeals Court affirmed the trial court’s entry of default judgment for repeated discovery violations, including using data wiping software to permanently delete more than 20,000 files from a laptop just hours before it was turned over for forensic examination.

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In This Election Season, Contested Elections May Require eDiscovery to Sort Out the Results: eDiscovery Trends
 In This Election Season, Contested Elections May Require eDiscovery to Sort Out the Results: eDiscovery Trends 334 328 CloudNine

Remember the 2000 Presidential election and all of the issues and headaches that resulted from punch card “butterfly” ballots and “hanging chads” down in Florida? These days, electronic ballots are more popular. However, using those electronic ballots doesn’t solve all problems and, if there are disputes, there may be a need for eDiscovery professionals to sort out the results.

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
If Plaintiff Wants Discovery on Defendant’s Backup Tapes, Court Rules He Must Pay for Them: eDiscovery Case Law
 If Plaintiff Wants Discovery on Defendant’s Backup Tapes, Court Rules He Must Pay for Them: eDiscovery Case Law 479 270 CloudNine

In Elkharwily v. Franciscan Health Sys., Washington District Judge Robert J. Bryan, finding that the defendant had met its burden to show that retrieving electronically stored information on backup tapes “would result in an undue burden and cost to Defendant”, that the plaintiff “has not met his burden to show good cause” to overcome the defendant’s undue burden and cost argument, and that “the archived emails are ‘discoverable’ under Fed. R. Civ. P. 26(b)(1)”, ordered the defendant to “facilitate access to the discovery”, but “only at Plaintiff’s expense, payable in advance”.

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Janice Jaco and Brandye Fenn of LTC4: eDiscovery Trends
 Janice Jaco and Brandye Fenn of LTC4: eDiscovery Trends 373 393 CloudNine

Today’s thought leaders are Janice Jaco and Brandye Fenn of the Legal Technology Core Competencies Certification Coalition (LTC4). ACEDS’ 2015 eDiscovery Person of the Year, Janice, is the senior eDiscovery Project Manager for boutique litigation powerhouse Keesal, Young & Logan (KYL). Janice’s professional volunteer work includes extensive involvement in authoring LTC4’s eDiscovery Core Competency, participation in ACEDS’ CEDS Exam Standard Setting Exercise, and updating ACEDS’ University online content. Brandye is the Litigation Support Manager at Ford Harrison LLP. With more than 28 years’ of law firm experience as a litigation paralegal, Brandye is responsible for managing eDiscovery projects for the firm’s 20+ offices, nationally. In 2011, she founded the FordHarrison Litigation Support Department and, through her extensive knowledge of eDiscovery best practices and industry standards, established and implemented new review and processing workflows and procedures.

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The Readers Have Spoken, in New York: eDiscovery Trends
 The Readers Have Spoken, in New York: eDiscovery Trends 334 328 CloudNine

Last week, the New York Law Journal (NYLJ) published its seventh annual Reader Rankings, where the New York legal community cast their votes for your favorite vendors. Over 8,000 people cast votes for their favorite vendors in 100+ categories! That’s a lot of people and a lot of categories. Here are the reader rankings for electronic discovery and information governance.

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Drinks with Me, On Me!: eDiscovery Trends
 Drinks with Me, On Me!: eDiscovery Trends 603 475 CloudNine

The ARMA Live! Conference & Expo for Records Management and Information Governance professionals is coming to San Antonio this Sunday for three days and CloudNine will be there. If you plan to attend the show or are in the San Antonio area, come have drinks with me on Sunday – I’m buying!

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Hashing Out the Idea of a Standard Hash Algorithm for Vendors: eDiscovery Best Practices
 Hashing Out the Idea of a Standard Hash Algorithm for Vendors: eDiscovery Best Practices 346 351 CloudNine

In a blog post earlier this month, Craig Ball discussed the question (which was posed at the recent ILTACON conference by Beth Patterson, Chief Legal & Technology Services Officer for Allens) of why eDiscovery service providers can’t (or don’t) standardize hash values so as to support identification and deduplication across products and collections. Good question. Let’s take a look.

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Norton Rose Fulbright’s New Annual Survey Shows More Cross-Border Discovery & Alternative Fee Arrangements: eDiscovery Trends
 Norton Rose Fulbright’s New Annual Survey Shows More Cross-Border Discovery & Alternative Fee Arrangements: eDiscovery Trends 219 284 CloudNine

According to Norton Rose Fulbright’s Litigation Trends Annual Survey for 2016 released last week, eDiscovery is “increasingly painful and costly to manage, particularly considering the growth of cross-border discovery”. Interestingly, however, more respondents are now using alternative fee arrangements (AFAs) and in a higher proportion of the litigation work they carry out, with a whopping 97% satisfied with the work conducted under an AFA.

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Pick Six! eDiscovery Daily is Six Years Old!
 Pick Six! eDiscovery Daily is Six Years Old! 242 270 CloudNine

Believe it or not, it has been six years ago today since we launched the eDiscovery Daily blog! And, today is our 1,500th post! We like to take a look back every six months at some of the important stories and topics during that time. So, here are some posts over the last six months you may have missed. Enjoy!

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If You Missed the eDiscovery Business Confidence Webinar, You Can Catch it Here: eDiscovery Trends
 If You Missed the eDiscovery Business Confidence Webinar, You Can Catch it Here: eDiscovery Trends 205 147 CloudNine

Last week, ACEDS hosted a webinar (sponsored by CloudNine) with expert commentary on the results of the Complex Discovery Summer 2016 eDiscovery Business Confidence Survey, which was conducted last month with the results published on Rob Robinson’s terrific Complex Discovery site. If you missed the webinar, you can catch a video of it now.

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