Our Insights on eDiscovery

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Spring has Sprung! Don’t Plant – Build – a (Decision) Tree: eDiscovery Best Practices
 Spring has Sprung! Don’t Plant – Build – a (Decision) Tree: eDiscovery Best Practices 150 150 CloudNine

When a new case is filed, there are several important decisions that the lead attorney has to make. Those decisions that are made early in the life cycle of a case can significantly affect how discovery is managed and how costly the discovery process can be for that case. Decision trees enable attorneys to work through the decision process up front to help them make sound, logical decisions which can lead to more efficient management of the discovery process.

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Court Denies Request for Cost Reimbursement for Hosted eDiscovery Database: eDiscovery Case Law
 Court Denies Request for Cost Reimbursement for Hosted eDiscovery Database: eDiscovery Case Law 150 150 CloudNine

In Associated Electric & Gas Insurance Services, et. al. v. BendTec, Inc., Minnesota District Judge Michael J. Davis found that the decision in Race Tires America, Inc. v. Hoosier Racing Tire Corp. to deny certain eDiscovery costs to be persuasive and ruled that “the costs of creating and maintaining an electronic platform for e-discovery are not recoverable under § 1920(4)”, denying the prevailing defendant’s request for reimbursement of over $123,000 in costs to maintain their ESI database.

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No Fooling! The ACEDS Conference is Later this Month!: eDiscovery Trends
 No Fooling! The ACEDS Conference is Later this Month!: eDiscovery Trends 150 150 CloudNine

This is not an April Fool’s Joke! Just when New York City thought it was safe from eDiscovery professionals – we’re all coming back for the ACEDS conference! And, eDiscovery Daily and CloudNine will be a part of the show!

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If Google and Oracle are Going to Mine for Jurors’ Social Media Info, They Have to Inform the Court: eDiscovery Trends
 If Google and Oracle are Going to Mine for Jurors’ Social Media Info, They Have to Inform the Court: eDiscovery Trends 150 150 CloudNine

When the big guys sue each other, the cases last forever. We’ve been covering developments in the Apple v. Samsung case since July 2012, and that case is still going on. Another case that we’ve covered a long time ago (way back in November 2011) is Oracle Corp. v. Google Inc. and that case is still going on too. In that case, with a trial approaching, the judge has told lawyers to disclose Internet and social media research about jurors to the court or agree not to conduct it.

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Here are Some Questions to Ask When Selecting an eDiscovery Vendor: eDiscovery Best Practices
 Here are Some Questions to Ask When Selecting an eDiscovery Vendor: eDiscovery Best Practices 150 150 CloudNine

Let’s face it, there are a lot of eDiscovery vendors out there. But, how do you find out which vendor is right for you? Ask a lot of questions, of course! Here is an article that provides several good ones to ask.

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Breaking News: The BIG Battle between Apple and the FBI is Over – For Now: eDiscovery Trends
 Breaking News: The BIG Battle between Apple and the FBI is Over – For Now: eDiscovery Trends 150 150 CloudNine

Last week, we reported that the FBI said that it might no longer need Apple’s assistance in opening an iPhone used by a gunman in the San Bernardino, Calif., rampage last year. Looks like that was the case.

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The Judge in the Most Famous eDiscovery Case is Retiring: eDiscovery Trends
 The Judge in the Most Famous eDiscovery Case is Retiring: eDiscovery Trends 150 150 CloudNine

If you follow eDiscovery, you probably have heard of the Zubulake case, which is probably the most famous case in eDiscovery. The judge from that case — Shira A. Scheindlin of the U.S. District Court for the Southern District of New York – is retiring effective April 29.

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Plaintiff Granted Documents Withheld Due to Privilege, But Denied Expanded Search of Emails: eDiscovery Case Law
 Plaintiff Granted Documents Withheld Due to Privilege, But Denied Expanded Search of Emails: eDiscovery Case Law 150 150 CloudNine

In Moore v. Lowe’s Home Ctrs., LLC, Washington District Judge Robert J. Bryan ruled in favor of the plaintiff that documents and communications dated before the defendant anticipated litigation were not privileged work product and should be produced, but he ruled against the plaintiff in her request have the defendant perform additional searches on email to identify additional relevant documents.

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FBI May Be Able to Unlock Terrorist’s iPhone without Apple’s Help: eDiscovery Trends
 FBI May Be Able to Unlock Terrorist’s iPhone without Apple’s Help: eDiscovery Trends 150 150 CloudNine

In court on Monday, the FBI said that it might no longer need Apple’s assistance in opening an iPhone used by a gunman in the San Bernardino, Calif., rampage last year.

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Defendants Claim of Lightning Strike and Power Surge Doesn’t Save Them from Sanctions: eDiscovery Case Law
 Defendants Claim of Lightning Strike and Power Surge Doesn’t Save Them from Sanctions: eDiscovery Case Law 150 150 CloudNine

In InternMatch, Inc. v. Nxtbigthing, LLC, et. al., California District Judge Jon S. Tigar, finding that the defendants “consciously disregarded their obligations to preserve relevant evidence” when they discarded various electronic devices after experiencing an alleged power surge without checking to see if they could recover any files from them, granting an adverse inference instruction sanction and plaintiff’s attorneys’ fees.

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