Our Insights on eDiscovery

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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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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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