Our Insights on eDiscovery

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Court Agrees to Allow Defendant to Use Search Terms to Identify ESI to Preserve: eDiscovery Case Law
 Court Agrees to Allow Defendant to Use Search Terms to Identify ESI to Preserve: eDiscovery Case Law 150 150 CloudNine

In You v. Japan, California District Judge William Alsup granted the defendant’s motion to limit preservation of articles to those that contain one of several relevant search terms, as long as the defendant’s proposal was amended to include one additional term requested by the plaintiffs.

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Do You Have Anything to Fear, This Year?: eDiscovery Horrors!
 Do You Have Anything to Fear, This Year?: eDiscovery Horrors! 150 150 CloudNine

It’s that time of year, time for “Irish Jack” (you know, from the “O’Lantern” family) to make his annual appearance for Halloween. Every year at this time, we try to “scare” you with tales of eDiscovery (and now, cybersecurity) horrors (because, after all, we’re an eDiscovery blog). Let’s see how we do this year. Do you have anything to fear, this year?

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If You’re Going to Mine for Metadata in New Jersey, You May Want to Think Twice: eDiscovery Best Practices
 If You’re Going to Mine for Metadata in New Jersey, You May Want to Think Twice: eDiscovery Best Practices 150 150 CloudNine

A newly proposed adjustment to ethics rules in New Jersey would restrict attorneys from accessing metadata in documents if the metadata was inadvertently sent.

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Here are Some Questions You Might Not Think to Ask Your Technology Provider: eDiscovery Best Practices
 Here are Some Questions You Might Not Think to Ask Your Technology Provider: eDiscovery Best Practices 150 150 CloudNine

I love Rob Robinson’s Complex Discovery site. Whether it’s information on eDiscovery provider mergers and acquisitions, a software and services mashup of the eDiscovery market, or links to many other useful resources, his is a site I check out pretty much daily. His latest post discusses some questions that you might not think to ask your technology provider, because they might be “uncomfortable”.

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Court Orders Defendant to Supplement Data Used for Statistical Sampling: eDiscovery Case Law
 Court Orders Defendant to Supplement Data Used for Statistical Sampling: eDiscovery Case Law 150 150 CloudNine

In United States ex rel Guardiola v. Renown Health, Nevada Magistrate Judge Valerie P. Cooke agreed with the relator’s contention that the data used to finalize the relator’s proposed statistical sampling plan was incomplete due to how data was identified within one of two billing systems used by the defendant. As a result, she ordered the defendant to “EXPEDITIOUSLY PRODUCE” the additional data (and, yes, she used all caps).

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One in Three Companies Lacks an Information Security Policy, According to New Study: eDiscovery Trends
 One in Three Companies Lacks an Information Security Policy, According to New Study: eDiscovery Trends 150 150 CloudNine

According to a new cybersecurity study, despite improvement in several areas, one in three companies still lacks policies for information security, data encryption and data classification.

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Privilege Log Identifies Additional Documents to be Produced by Defendant: eDiscovery Case Law
 Privilege Log Identifies Additional Documents to be Produced by Defendant: eDiscovery Case Law 150 150 CloudNine

In U.S. Securities and Exchange Commission v. Commonwealth Advisors, Inc. et al., Louisiana Magistrate Judge Stephen C. Riedlinger ordered the defendants to produce additional documents that were identified on the defendants’ privilege log, but for which the defendants had waived attorney-client privilege.

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New Survey of Corporate Counsel Finds Little Improvement in eDiscovery Capabilities Over the Last Year: eDiscovery Trends
 New Survey of Corporate Counsel Finds Little Improvement in eDiscovery Capabilities Over the Last Year: eDiscovery Trends 150 150 CloudNine

According to the second annual Inside E-Discovery Survey by BDO Consulting, corporate organizations have made relatively little improvement in their eDiscovery technology capabilities over the past year, with the middle market falling the furthest behind.

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Organize Your Collection by Message Thread to Save Costs During Review: eDiscovery Best Practices
 Organize Your Collection by Message Thread to Save Costs During Review: eDiscovery Best Practices 150 150 CloudNine

Not only is insanity doing the same thing over and over again and expecting a different result, but in eDiscovery review, it can be even worse when you do get a different result.

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Not Preserving Texts Results in Adverse Inference Sanctions for Plaintiff: eDiscovery Case Law
 Not Preserving Texts Results in Adverse Inference Sanctions for Plaintiff: eDiscovery Case Law 150 150 CloudNine

In NuVasive, Inc. v. Madsen Med., Inc., California Chief District Judge Barry Ted Moskowitz granted the defendants’ motion for adverse inference sanctions for failure to preserve text messages from four custodial employees that were key to the case.

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