Our Insights on eDiscovery

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!

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

May 2, 2016

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.

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

April 29, 2016

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.

The Benefits of Blogging: eDiscovery Trends

April 28, 2016

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.

Citing Proportionality Concerns, Court Grants Plaintiff’s Motion for Protective Order: eDiscovery Case Law

April 27, 2016

In Noble Roman’s, Inc. v. Hattenhauer Distrib. Co., Indiana Magistrate Judge Debra McVicker Lynch, citing proportionality concerns, granted the plaintiff’s motion for a protective order and ordered that the defendant was prohibited from obtaining the discovery sought by the defendant’s subpoenas from a major shareholder of the plaintiff.

Join Me for a Panel Discussion Regarding Rule 34(b) Changes and Other Fun Stuff!: eDiscovery Best Practices

April 26, 2016

This Thursday, I’ll be in Birmingham, Alabama and I’m excited to be participating in a roundtable discussion regarding the new Rule 34(b) changes! Here is how you can attend (and even get CLE credit) if you’re in the Birmingham area and how you can still attend via the Web if you’re remote.