Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.
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Thanks to ACEDS and Rob Robinson, I Have a LegalTech “Travel Day” Topic to Cover: eDiscovery Trends
 Thanks to ACEDS and Rob Robinson, I Have a LegalTech “Travel Day” Topic to Cover: eDiscovery Trends 150 150 CloudNine

LegalTech® New York 2016 (LTNY) starts tomorrow! As I painfully learned a couple of years ago, travelling to LTNY can sometimes be challenging, so I’m leaving plenty of time to get there this year, which leaves me little time to write a post for today. Thankfully, the New York Metro Area chapter of ACEDS and Rob Robinson (author of the terrific Complex Discovery site) have just published a podcast about eDiscovery trends that I think you will find quite informative!

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Appeals Court Upholds Terminating Sanctions For Wipe of Cell Phone: eDiscovery Case Law
 Appeals Court Upholds Terminating Sanctions For Wipe of Cell Phone: eDiscovery Case Law 150 150 CloudNine

In Woodell v. Bernstein, et. al., the California Court of Appeals affirmed the judgment of the trial court, which imposed terminating sanctions against the plaintiff for spoliation of evidence and dismissed his lawsuit with prejudice after the plaintiff had wiped his cell phone, which was key to the case.

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For a Positive Outlook to Discovering Emails, You Need a Closed Outlook: eDiscovery Best Practices
 For a Positive Outlook to Discovering Emails, You Need a Closed Outlook: eDiscovery Best Practices 150 150 CloudNine

Does that statement seem confusing? Let me explain. Let’s call this a “tip of the day”.

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Motion to Compel Denied for Employees’ Personal Emails, Granted for Third Party Hosted Data: eDiscovery Case Law
 Motion to Compel Denied for Employees’ Personal Emails, Granted for Third Party Hosted Data: eDiscovery Case Law 150 150 CloudNine

In Matthew Enterprise, Inc. v. Chrysler Group, LLC, California Magistrate Judge Paul S. Grewal denied the defendant’s motion to compel production from personal email accounts of the plaintiff’s employees because the plaintiff did not have legal control of the emails. However, he granted the defendant’s motion to compel production from the plaintiff’s customer communications database operated by a third party vendor, noting that the plaintiff did have control of that data, having already produced data from this source.

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LegalTech Preview: Is Predictive Coding Not “Cool” Anymore?: eDiscovery Trends
 LegalTech Preview: Is Predictive Coding Not “Cool” Anymore?: eDiscovery Trends 150 150 CloudNine

Believe it or not, but LegalTech® New York 2016 (LTNY) is just one week away! eDiscovery Daily will be covering the show for the sixth year in a row. We thought we would take an advanced look at the show and make a couple of initial observations. If you’re attending the show next week, check these out!

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Would eDiscovery Have Identified the Correct Murderer in “Making a Murderer”?: eDiscovery Best Practices
 Would eDiscovery Have Identified the Correct Murderer in “Making a Murderer”?: eDiscovery Best Practices 150 150 CloudNine

The recently released Netflix documentary Making a Murderer has made a huge splash with hundreds of thousands of viewers (including me) having watched the 10 part documentary that was released last month. Debate has raged over whether Steven Avery and his nephew, Brendan Dassey, were wrongly convicted of murdering photographer Teresa Halbach. Interestingly enough, some possibly deleted electronic evidence might have helped answer that question.

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Withheld Evidence Leads to New Trial, Resignation of Senior City Attorney: eDiscovery Case Law
 Withheld Evidence Leads to New Trial, Resignation of Senior City Attorney: eDiscovery Case Law 150 150 CloudNine

In Colyer v. City of Chicago, Illinois District Judge Edmond E. Chang granted in part the plaintiff’s post trial motion, denying the plaintiffs’ request for a directed verdict, but granting their request for a new trial after it was discovered that the defendants’ attorney had “intentionally” withheld the recording of a police dispatcher’s description of a possible suspect that was key in determining whether Chicago police officers acted with excessive force in killing a suspect in a traffic stop. The plaintiffs also were awarded their attorneys’ fees and costs expended on preparing for the first trial, conducting the trial itself, and conducting the post-trial discovery and briefing.

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More Questions to Answer Before Selecting Your Next eDiscovery Platform: eDiscovery Best Practices
 More Questions to Answer Before Selecting Your Next eDiscovery Platform: eDiscovery Best Practices 150 150 CloudNine

Yesterday, we covered the first four questions that you should ask when considering selection of an eDiscovery platform for a case or for your entire organization to use, as discussed in a recent article on Legaltech© News. Today, we’ll cover the remaining four questions.

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Questions to Answer Before Selecting Your Next eDiscovery Platform: eDiscovery Best Practices
 Questions to Answer Before Selecting Your Next eDiscovery Platform: eDiscovery Best Practices 150 150 CloudNine

Considering selection of an eDiscovery platform for a case or for your entire organization to use? A recent article on Legaltech© News provides some useful questions to ask to help select the solution that best meets your needs.

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Court Gives Plaintiff 21.5 Million Reasons for Not Spoliating Emails: eDiscovery Case Law
 Court Gives Plaintiff 21.5 Million Reasons for Not Spoliating Emails: eDiscovery Case Law 150 150 CloudNine

In Hausman v. Holland America Line-U.S.A., et al., Washington District Judge Barbara Jacobs Rothstein vacated a $21.5 million verdict awarded to a man injured by a closing cruise-ship door in 2011 and ordered a new trial, after the plaintiff’s former assistant alleged that he deleted emails that could hurt his case.

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