Our Insights on eDiscovery

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

May 16, 2016

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.

BakerHostetler’s New “Attorney” Doesn’t Carry a Briefcase: eDiscovery Trends

May 13, 2016

BakerHostetler has brought a new “attorney” into the fold named ROSS (not like “Ross” from the old TV show Friends, but “ROSS”). They call ROSS “artificially intelligent”, which doesn’t sound like a very nice thing to say, but it’s entirely accurate.

“Master” Your Knowledge of eDiscovery With This Conference in Chicago Later This Month: eDiscovery Trends

May 12, 2016

If you’re in the Chicago area or plan to be there on May 24, join me and other legal technology experts and professionals at The Masters Conference Windy City Cybersecurity, Social Media and eDiscovery event for a full day of educational sessions covering a wide range of topics!

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

May 11, 2016

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.

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

May 10, 2016

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!

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

May 9, 2016

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.

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

May 6, 2016

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)”.

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

May 5, 2016

“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.

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

May 4, 2016

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.

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

May 3, 2016

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!