Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.

Court Orders Plaintiff to Perform a “Download Your Info” From Facebook: eDiscovery Case Law

In Rhone v. Schneider Nat’l Carriers, Inc., Missouri Magistrate Judge Noelle C. Collins ordered the plaintiff to disclose a complete list of her social media accounts to the defendant and also provide a “Download Your Info” report from her Facebook account from June 2, 2014 to the present within fourteen days and ordered the defendant to disclose to the plaintiff any and all posts, photos or other media from the report it intends to use in support of its defense.

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The Number of Files in Each Gigabyte Can Vary Widely: eDiscovery Best Practices

Now and then, I am asked by clients how many documents (files) are typically contained in one gigabyte (GB) of data. When trying to estimate the costs for review, having a good estimate of the number of files is important to provide a good estimate for review costs. However, because the number of files per GB can vary widely, estimating review costs accurately can be a challenge.

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Plaintiffs Ordered to Produce a Copy of Access Database for Forensic Analysis: eDiscovery Case Law

In Thorne Research, Inc. et. al. v. Atlantic Pro-Nutrients, Inc., Utah Magistrate Judge Paul M. Warner determined that, because the parties had competing affidavits regarding whether a Microsoft Access database created by the plaintiffs’ co-inventor stores metadata and that metadata (if present) was clearly relevant, the defendant should be allowed the opportunity to conduct a forensic analysis as to whether or not the metadata exists in the native format of the Access database.

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Court Orders Defendant to Re-Produce Selected Documents in Native Format: eDiscovery Case Law

In Spring v. Board of Trustees of Cape Fear Community College et. al., North Carolina Magistrate Judge James E. Gates, in ruling on several discovery disputes between the parties, granted the plaintiff’s motion to compel in part, ordering the plaintiff to identify documents to be re-produced in native format and for the defendant to re-produce those documents or move for appropriate relief after conferring with plaintiff if it deemed the number of documents identified to be unjustifiably large.

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