Our Insights on eDiscovery

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Appeals Court Reverses Terminating Sanctions Against Plaintiff for Deletion of Emails: eDiscovery Case Law
 Appeals Court Reverses Terminating Sanctions Against Plaintiff for Deletion of Emails: eDiscovery Case Law 150 150 CloudNine

In Flagship Theatres of Palm Desert, LLC v. Century Theatres, Inc. et. al., the Court of Appeals of California, Second District determined that the trial court “abused its discretion” by “granting terminating sanctions in a case in which the prejudice to the non-offending party can be ameliorated by a more limited remedy”. As a result, the appeals court reversed the judgment and remanded it back to the trial court with a lesser sanction, prohibiting the plaintiff “from offering evidence of acts, events, or communications occurring during the period” when one of the plaintiffs deleted emails.

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Here’s One Group of People Who May Not Be a Fan of Big Data Analytics: eDiscovery Trends
 Here’s One Group of People Who May Not Be a Fan of Big Data Analytics: eDiscovery Trends 150 150 CloudNine

Most of us love the idea of big data analytics and how it can ultimately benefit us, not just in the litigation process, but in business and life overall. But, there may be one group of people who may not be as big a fan of big data analytics as the rest of us: criminals who are being sentenced at least partly on the basis of predictive data analysis regarding the likelihood that they will be a repeat offender.

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Court Sanctions Plaintiff for Failing to Preserve Customer Communications: eDiscovery Case Law
 Court Sanctions Plaintiff for Failing to Preserve Customer Communications: eDiscovery Case Law 150 150 CloudNine

In Matthew Enterprise, Inc. v. Chrysler Group, LLC, California Magistrate Judge Paul S. Grewal, in one of his last orders before leaving the bench, determined that there was “no question that spoliation has occurred” and granted the defendant’s motion for sanctions for spoliation, “in its entirety, except for the proposed remedy”, opting for a middle ground between the parties’ proposals on what the remedy should be.

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Is Search Still Important in eDiscovery? I Say Yes: eDiscovery Best Practices
 Is Search Still Important in eDiscovery? I Say Yes: eDiscovery Best Practices 150 150 CloudNine

With the acceptance of predictive coding and other technology assisted review mechanisms growing over the past few years, some feel that keyword search is no longer important as a “key” (pun intended) component of the eDiscovery process. In a new article published last week, I discussed why search is so important in eDiscovery and why law firms and e-discovery companies need better search solutions.

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Court Settles Dispute Between Parties on Number of Custodians to Search and Produce: eDiscovery Case Law
 Court Settles Dispute Between Parties on Number of Custodians to Search and Produce: eDiscovery Case Law 150 150 CloudNine

In Family Wireless #1, LLC et. al. v. Automotive Technologies, Inc., Connecticut Magistrate Judge Sarah A. L. Merriam partially granted the plaintiff’s motion to compel the defendant to search and produce ESI from additional custodians, finding that “three of the six proposed custodians’ files are likely to include information relevant to this matter, and defendant has not met its burden of showing that inclusion of these three individuals would be unduly burdensome”.

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Court Determines Granting Defendant’s Motion to Request Overseas Documents is ‘Futile’: eDiscovery Case Law
 Court Determines Granting Defendant’s Motion to Request Overseas Documents is ‘Futile’: eDiscovery Case Law 150 150 CloudNine

In Al-Ameri et. al. v. Johns Hopkins Hospital, Maryland Magistrate Judge Stephanie A. Gallagher denied the defendant’s motion to compel on the basis that compelling the discovery sought would be futile.

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Is a Blended Document Review Rate of $466 Per Hour Excessive?: Best of eDiscovery Daily
 Is a Blended Document Review Rate of $466 Per Hour Excessive?: Best of eDiscovery Daily 150 150 CloudNine

Remember when we raised the question as to whether it is time to ditch the per hour model for document review? One of the cases we highlighted for perceived overbilling was ruled upon here.

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Can You Figure Out How I Wrote this Blog Post?: Best of eDiscovery Daily
 Can You Figure Out How I Wrote this Blog Post?: Best of eDiscovery Daily 150 150 CloudNine

I have to be honest, this blog post contains quite a bit of content from one of the early posts from this blog. However, there is something different about this version of the content – it looks a bit unusual. Can you figure out how I wrote it? See if you can figure it out before you get to the bottom. I promise I haven’t lost my mind.

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Data May Be Doubling Every Couple of Years, But How Much of it is Original?: Best of eDiscovery Daily
 Data May Be Doubling Every Couple of Years, But How Much of it is Original?: Best of eDiscovery Daily 150 150 CloudNine

According to the Compliance, Governance and Oversight Council (CGOC), information volume in most organizations doubles every 18-24 months (now, it’s more like every 1.2 years). However, just because it doubles doesn’t mean that it’s all original. Like a bad cover band singing Free Bird, the rendition may be unique, but the content is the same. The key is limiting review to unique content.

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No Victory Laps on Social Media: eDiscovery Trends
 No Victory Laps on Social Media: eDiscovery Trends 150 150 CloudNine

This is the second time this month I’ve covered a “social media gone wrong” story, but I just couldn’t ignore this story…

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