Our Insights on eDiscovery

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Court Orders Defendant to Re-Produce Selected Documents in Native Format: eDiscovery Case Law
 Court Orders Defendant to Re-Produce Selected Documents in Native Format: eDiscovery Case Law 150 150 CloudNine

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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Time to Express Your Confidence Level in the eDiscovery Ecosystem (Again): eDiscovery Trends
 Time to Express Your Confidence Level in the eDiscovery Ecosystem (Again): eDiscovery Trends 150 150 CloudNine

After his inaugural eDiscovery Business Confidence Survey yielded some interesting results, Rob Robinson has made good on his plan to conduct the survey quarterly on his terrific Complex Discovery site with the Spring 2016 Survey. Now is your chance to express your confidence in the eDiscovery ecosystem!

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At Litigation Time, the Cost of Data Storage May Not Be As Low As You Think: eDiscovery Best Practices
 At Litigation Time, the Cost of Data Storage May Not Be As Low As You Think: eDiscovery Best Practices 150 150 CloudNine

One of my favorite all-time graphics that we’ve posted on the blog (from one of our very first posts) is this ad from the early 1980s for a 10 MB disk drive – for $3,398! That’s MB (megabytes), not GB (gigabytes) or TB (terabytes). These days, the cost per GB for data storage is pennies on the dollar, which is a big reason why the total amount of data being captured and stored by industry doubles every 1.2 years. But, at litigation time, all that data can cost you – big.

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Merely Stating That ESI Request Is Not Relevant Or Proportional Is Not Sufficient, Court Rules: eDiscovery Case Law
 Merely Stating That ESI Request Is Not Relevant Or Proportional Is Not Sufficient, Court Rules: eDiscovery Case Law 150 150 CloudNine

In Digital Ally, Inc. v. Utility Associates, Inc., Kansas Magistrate Judge Gwynne E. Birzer granted the plaintiff’s motion to compel discovery, overruling the defendant’s objections that the request was neither relevant nor proportional to the issues in this case, because the defendant “has not expounded on its objections to relevance or proportionality under Fed. R. Civ. P. 26(b)(1)”.

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The Next Batch of “Dirty Laundry” within the “Panama Papers” Will Be Searchable: eDiscovery Trends
 The Next Batch of “Dirty Laundry” within the “Panama Papers” Will Be Searchable: eDiscovery Trends 150 150 CloudNine

“Kick ’em when they’re up, Kick ’em when they’re down, Kick ’em when they’re up, Kick ’em all around” – this seems to be my week for covering Don Henley songs. Based on reports, the next batch of “Dirty Laundry” from the “Panama Papers” will not only provide more details about hundreds of thousands of secret offshore entities, it will also be searchable.

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What Happens in the Internet Each Minute in 2016? You Have No Idea: eDiscovery Trends
 What Happens in the Internet Each Minute in 2016? You Have No Idea: eDiscovery Trends 150 150 CloudNine

There’s a Don Henley song titled New York Minute where “In a New York minute…Everything can change”. In an Internet minute in 2016, data can explode throughout the world.

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Your “Mashup” of eDiscovery Market Estimates is Early This Year: eDiscovery Trends
 Your “Mashup” of eDiscovery Market Estimates is Early This Year: eDiscovery Trends 150 150 CloudNine

We look forward to the eDiscovery Market Size Mashup that Rob Robinson compiles and presents on his Complex Discovery site each year. Each of the past three years in July, we have covered his compilations of various eDiscovery market estimates, with estimates for 2012 to 2017, for 2013 to 2018 and 2014-2019 (in two parts). This year, we don’t have to wait until July: he has released his worldwide eDiscovery software overview for 2015 to 2020 now!

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Failure to Extend Preservation Hold to Headquarters Does Not Lead To Adverse Inference Sanction: eDiscovery Case Law
 Failure to Extend Preservation Hold to Headquarters Does Not Lead To Adverse Inference Sanction: eDiscovery Case Law 150 150 CloudNine

In Botey v. Green, et. al., Pennsylvania District Judge Robert D. Mariani denied the plaintiff’s request for an adverse inference sanction for the defendants’ failure to preserve trucking logs related to an accident between the plaintiff and a truck driver working for the defendant’s company, but did agree not to allow the defendants to prove the contents of the destroyed documents by other means or argue their contents in dispositive motions or at trial.

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Nearly Two Thirds of Confirmed Data Breaches Were Related to Password Issues: eDiscovery Trends
 Nearly Two Thirds of Confirmed Data Breaches Were Related to Password Issues: eDiscovery Trends 150 150 CloudNine

You’ve got to love a report that starts with the Yogi Berra quote “It’s like déjà vu, all over again.” Sadly, when it comes to data breaches, it seems like that statement – however redundant – is more true than ever.

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The Benefits of Blogging: eDiscovery Trends
 The Benefits of Blogging: eDiscovery Trends 150 150 CloudNine

One of the highlights of the week for me last week at the ACEDS conference was the Law Student Blogger/Social Invitational pre-conference seminar where I was one of the speakers. It was a great opportunity to share stories with some of my fellow bloggers in the industry whom I respect and admire.

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