Our Insights on eDiscovery

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

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

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

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

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

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

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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