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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Recommind Challenges CAL Patent: eDiscovery Trends
 Recommind Challenges CAL Patent: eDiscovery Trends 341 341 CloudNine

How do you like them apples? After they were the subject of much scrutiny five years ago regarding their attempt to trademark “predictive coding” (only to eventually abandon it), Recommind (now OpenText after they were acquired) is now challenging the trademark of “continuous active learning” and its acronym, “CAL”.

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Mary Mack of ACEDS: eDiscovery Trends
 Mary Mack of ACEDS: eDiscovery Trends 373 393 CloudNine

Today’s thought leader is Mary Mack. Mary is ACEDS’ executive director and an eDiscovery pioneer. She is known for her skills in relationship and community building as well as for the depth of her eDiscovery knowledge. Mary is the author of A Process of Illumination: The Practical Guide to Electronic Discovery, considered by many to be the first popular book on eDiscovery. She is the co-editor of the Thomson Reuters West treatise, eDiscovery for Corporate Counsel.

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You Don’t Have to Move Your Data to Manage it Effectively: Information Governance Trends
 You Don’t Have to Move Your Data to Manage it Effectively: Information Governance Trends 310 249 CloudNine

When it comes to effective records management of your organization’s data, many people think that the data has to be moved to a centralized location, such as a server or other file share, to be managed effectively. But, you can also effectively manage that data where it resides with an In-Place Records Management solution.

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To Be or Not To Be? Not to Be, if Your Search Contains Noise Words: eDiscovery Best Practices
 To Be or Not To Be? Not to Be, if Your Search Contains Noise Words: eDiscovery Best Practices 452 366 CloudNine

When providing searching assistance to my clients and reviewing their proposed list of search terms, one of the considerations I use for evaluating those terms is whether they contain any potential “noise” words that might affect their search results. Noise words (also known as stop words) are words – such as “to”, “or”, “not”, etc. – which are so common that they are not considered useful in searches.

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Florida Becomes First State to Require Technology CLE: eDiscovery Trends
 Florida Becomes First State to Require Technology CLE: eDiscovery Trends 336 323 CloudNine

OK, I may have taken a couple of shots at Florida last Thursday over their ballot issues in elections over the years. However, Florida deserves credit in being the first state to require technology CLE for lawyers.

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Court Denies Defendant’s Motion to Overrule Plaintiff’s Objections to Discovery Requests
Court Denies Defendant’s Motion for Production of Documents for In Camera Review: eDiscovery Case Law
 Court Denies Defendant’s Motion for Production of Documents for In Camera Review: eDiscovery Case Law 479 270 CloudNine

In Portland Pipe Line Corp. et. al. v. City of South Portland et. al., Maine Magistrate Judge John H. Rich, III denied the defendants’ motion to compel the production of documents withheld or redacted on claims of attorney-client privilege by the plaintiff, finding that the plaintiffs “undertook a costly and labor-intensive two-step process with respect to claiming privilege as to ESI, first relying on a technologically-assisted privilege review by a hired ESI discovery vendor” and then undertaking a “painstaking manual review to verify the privileged status of every ESI document marked as privileged”.

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“Master” Your Knowledge of eDiscovery One More Time – In Our Nation’s Capital!: eDiscovery Trends
 “Master” Your Knowledge of eDiscovery One More Time – In Our Nation’s Capital!: eDiscovery Trends 268 119 CloudNine

Back in May, I was excited and honored to moderate an enjoyable panel session in Chicago at The Masters Conference event there. Then, we did it again in July in New York City. Now, we’re doing it again later this month, this time in our nation’s capital, Washington DC!

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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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