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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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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Court Orders Sanctions Against Defendant for Spoliation of Emails and Other Documents: eDiscovery Case Law
 Court Orders Sanctions Against Defendant for Spoliation of Emails and Other Documents: eDiscovery Case Law 150 150 CloudNine

In Ocwen Loan Servicing, LLC v. Ohio Public Employees Retirement System, the Court, determining that the defendant had spoliated data, found that the plaintiff had not demonstrated sufficient facts to warrant striking the defendant’s affirmative defenses, but opted to order an adverse inference instruction and also ordered the defendant to pay the plaintiff’s attorneys’ fees and costs in preparing the instant motion for sanctions.

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2015 eDiscovery Case Law Year in Review, Part 4
 2015 eDiscovery Case Law Year in Review, Part 4 150 150 CloudNine

As we noted yesterday, Wednesday and Tuesday, eDiscovery Daily published 89 posts related to eDiscovery case decisions and activities over the past year, covering 72 unique cases! Yesterday, we looked back at cases related to cooperation issues, social media and mobile phone discovery, technology assisted review and the first part of the cases relating to sanctions and spoliation. Today, let’s take a look back at the rest of the cases relating to sanctions and spoliation.

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2015 eDiscovery Case Law Year in Review, Part 3
 2015 eDiscovery Case Law Year in Review, Part 3 150 150 CloudNine

As we noted yesterday and Tuesday, eDiscovery Daily published 89 posts related to eDiscovery case decisions and activities over the past year, covering 72 unique cases! Yesterday, we looked back at cases related to disputes about discovery, eDiscovery cost reimbursement and issues related to privilege and confidentiality assertions. Today, let’s take a look back at cases related to cooperation issues, social media and mobile phone discovery, technology assisted review and the first part of the cases relating to sanctions and spoliation.

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2015 eDiscovery Case Law Year in Review, Part 2
 2015 eDiscovery Case Law Year in Review, Part 2 150 150 CloudNine

As we noted yesterday, eDiscoveryDaily published 89 posts related to eDiscovery case decisions and activities over the past year, covering 72 unique cases! Yesterday, we looked back at cases related to admissibility and proportionality, production format disputes and (once again) the ubiquitous Apple v. Samsung case. Today, let’s take a look back at cases related to disputes about discovery, eDiscovery cost reimbursement and issues related to privilege and confidentiality assertions.

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2015 eDiscovery Case Law Year in Review, Part 1
 2015 eDiscovery Case Law Year in Review, Part 1 150 150 CloudNine

Did you think we forgot? No, we didn’t forget! It’s time for our annual review of eDiscovery case law! Once again, we had more than our share of sanctions granted and denied, as well as disputes over production formats, admissibility of electronically stored information (ESI) and even a dispute regarding whether contract review attorneys can receive overtime pay! So, as we have done for the last four years, let’s take a look back at eDiscovery case law in 2015!

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The Fourth Generation of eDiscovery Offerings is Upon Us as Well: eDiscovery Trends
 The Fourth Generation of eDiscovery Offerings is Upon Us as Well: eDiscovery Trends 150 150 CloudNine

If you read this blog regularly, you know that we’re big admirers of Rob Robinson’s Complex Discovery site, from his software and services “mashup” to his running 14+ year list of mergers, acquisitions and investments in the eDiscovery industry. Now, Rob provides a generational breakdown of eDiscovery technology offerings, giving organizations out there useful information to differentiate offerings in the eDiscovery marketplace.

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Not Only is the Age of eDiscovery Automation Upon Us, But So is the Age of Cloud-Based eDiscovery: eDiscovery Trends
 Not Only is the Age of eDiscovery Automation Upon Us, But So is the Age of Cloud-Based eDiscovery: eDiscovery Trends 150 150 CloudNine

On Monday, I declared that, in 2016, the age of eDiscovery automation is upon us. So, who are these “jokers” asking if 2016 is the year of cloud-based eDiscovery? The nerve!

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According to IDC, The Worldwide eDiscovery Market is Already at $10 Billion: eDiscovery Trends
 According to IDC, The Worldwide eDiscovery Market is Already at $10 Billion: eDiscovery Trends 150 150 CloudNine

When we covered Rob Robinson’s most recent worldwide eDiscovery software and services “mashup” last year, the total market for both software and services was predicted to reach $10.56 billion by 2019. According to a newly released study from International Data Corporation (IDC), we’ve surpassed the $10 billion mark already.

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Two Cases Regarding Overtime Pay for Contract Attorneys with Mixed Results: eDiscovery Trends
 Two Cases Regarding Overtime Pay for Contract Attorneys with Mixed Results: eDiscovery Trends 150 150 CloudNine

Last July, we covered a case where a contract review attorney filed a lawsuit demanding overtime pay from law firm Skadden, Arps and legal staffing agency Tower Legal Solutions, alleging that the highly managed review work that he performed should not be considered the practice of law because he was not required to exercise any legal judgment. That case and one other have concluded (pending appeal) with mixed results.

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