Our Insights on eDiscovery

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.

Defendant Sanctioned for Loss of Emails During Provider Switch, But No Sanction For Wiped Hard Drive: eDiscovery Case Law

April 25, 2016

In Core Laboratories LP v. Spectrum Tracer Services, LLC et. al., Oklahoma District Judge Vicki Miles-LaGrange granted the plaintiff’s motion for sanctions for emails that were not preserved during an email provider switch via an adverse inference instruction, but denied the plaintiff’s motion for sanctions for deleting files and for wiping the computer of one of its employees.

Whip Me, Beat Me, Call Me Edna: eDiscovery Trends

April 22, 2016

One of the more interesting sessions at this week’s ACEDS conference was the session EDNA Challenge Part 2, where Tania Mabrey, Craig Ball and Tom O’Connor followed up on Craig’s original challenge from seven years ago (discussed in his paper E-Discovery for Everybody: The EDna Challenge) to conduct eDiscovery in a case on a budget of only $1,000. This time, the challenge was to do so at a cost of $5,000. While that might seem like an easier challenge, data volumes have risen dramatically, so it may be even more of a challenge than it was back then. Let’s see.

EDRM Isn’t THE WORD, It’s 300 Pages of Words (Terms): eDiscovery Best Practices

April 21, 2016

As I fly back home to flooded Houston after an enjoyable and successful ACEDS conference (and try to type this while the guy in front of me insists on reclining his seat), it’s worth noting that other stuff is going on too. One notable item from this week is that EDRM released (or should I say re-released) its Glossary of Terms.

Wednesday ACEDS Conference Sessions: eDiscovery Trends

April 20, 2016

The ACEDS conference concludes today after kicking off yesterday (and conducting pre-conference seminars the day before). Let’s take a look at today’s sessions.

Welcome to the ACEDS Conference!: eDiscovery Trends

April 19, 2016

The ACEDS conference informally kicked off yesterday with its pre-conference seminars and I enjoyed “talking shop” (from a blogging perspective) with Rob Robinson, Robin Thompson, Ari Kaplan and Tom O’Connor (among others). Now, that the appetizer is out of the way, let’s move on to the main course!