Our Insights on eDiscovery

Is Information Governance “Too Important to Be Left to Humans”?: eDiscovery Trends

December 4, 2015

According to a recent report by AIIM, there are “huge volumes of content in most organizations that are not under any form of information governance (IG), retention management, or eDiscovery”. In their new report (Information Governance: too important to be left to humans), AIIM takes an in-depth look at the scale of IG issues, the drivers to bring it under control, the effectiveness of automated classification, and the impact on risks and costs.

“We Don’t Need No Stinking Badges” – On Facebook: eDiscovery Case Law

December 3, 2015

If you’re near my age and love movies, you probably love the classic Mel Brooks comedy Blazing Saddles. My favorite quote from that movie is when the bandido says “Badges? We don’t need no stinking badges!”* Apparently, there’s a new trend where people post pictures of their employee badges on social media. Guess what that leads to? Hacker access into their employer’s facilities.

Defendant Ordered to Produce Unredacted Versions of Agreements and Shipment Data: eDiscovery Case Law

December 2, 2015

In Mervyn v. Atlas Van Lines, Inc. et. al., Illinois Magistrate Judge Susan E. Cox granted the plaintiff’s motion to compel the defendants to produce unredacted owner-operator agreements and shipment data, rejecting the defendants’ argument that producing both would be an undue burden.

The New Federal Rules Changes Are Official Today!: eDiscovery Trends

December 1, 2015

As we discussed yesterday, today is “E-Discovery Day”. Oh, and by the way, the December 2015 amendments to the Federal Rules of Civil Procedure (FRCP) are official today!

“E-Discovery Day” is Tomorrow!: eDiscovery Trends

November 30, 2015

We have days to celebrate all sorts of things, especially in this holiday season. As we mentioned a couple of months ago, eDiscovery enthusiasts now have their own day – “E-Discovery Day”, which is tomorrow!

Thanksgiving Case Law Pop Quiz Answers!: eDiscovery Case Law

November 24, 2015

It’s Thanksgiving week and yesterday, we gave you a pop quiz for the eDiscovery case law that we’ve covered recently. If you’re reading the blog each day, these questions should be easy! Let’s see how you did. Here are the answers. Oh, and Happy Thanksgiving!

Thanksgiving Case Law Pop Quiz!: eDiscovery Case Law

November 23, 2015

It’s Thanksgiving week and it seems like a perfect opportunity to catch up on cases we’ve covered recently with a case law pop quiz! If you’re reading the blog each day, these questions should be easy! If not, we’ve provided a link to the post with the answer. We’re that nice. Test your knowledge! Tomorrow, we’ll post the answers for those who don’t know and didn’t look them up.

Appellate Court Upholds Ruling to Require Production in Native Format: eDiscovery Case Law

November 20, 2015

In the case In re State Farm Lloyds, the Texas Court of Appeals, finding that the relator failed to meet its burden to support its objection that it could not produce the discovery through reasonable efforts, denied the petition for writ of mandamus filed by the relator in which it contended that the trial court abused its discretion by ordering the production of discovery in native or near-native formats rather than the “reasonably usable” formats it proposed.

Court Denies Defendant’s Motion to Require Plaintiff to Re-Produce Data in a More Usable Format: eDiscovery Case Law

November 19, 2015

In United States v. Meredith, Kentucky Senior District Judge Charles R. Simpson, III denied the defendant’s motion to compel production of electronically stored information (ESI) by the plaintiff in a usable format, agreeing that the plaintiff had fulfilled its discovery production obligation pertaining to the manner and format of the ESI.

Date Searching for Emails and Loose Files Can Be Tricky: eDiscovery Best Practices

November 18, 2015

I recently had a client that was searching for emails and loose files based on a relevant date range. However, because of the way the data was collected and the way the search was performed, identifying the correct set of responsive emails and loose files within the relevant date range proved to be challenging. Let’s take a look at the challenges this client faced.