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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Plaintiff’s Continued Disputes with Curling Iron Manufacturer Getting Hairy: eDiscovery Case Law
 Plaintiff’s Continued Disputes with Curling Iron Manufacturer Getting Hairy: eDiscovery Case Law 150 150 CloudNine

In Wilson v. Conair Corp., California Magistrate Judge Stanley A. Boone denied the plaintiff’s motion for the Court to establish dates by which the defendant must produce ESI and ordered the parties to meet and confer (again), warning that if the parties could not reach a resolution, all counsel would be required to personally appear before the court and be prepared to engage in an extended, court-supervised meet and confer session that could require an all-day appearance.

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Is Your Outlook PST File Corrupt? All is Not Lost!: eDiscovery Best Practices
 Is Your Outlook PST File Corrupt? All is Not Lost!: eDiscovery Best Practices 150 150 CloudNine

Though we’d like to believe that there will never be any problems with the data that we preserve, collect and process for eDiscovery purposes, data is not perfect. Sometimes the most critical data may be difficult or impossible to use. For example, key files could be password protected from being opened or they could be corrupted. If an Outlook Personal Storage Table (PST) file is corrupted, that file corruption could literally make tens of thousands of documents unavailable for discovery unless the file can be repaired.

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Our Nation’s Largest City Now Has a Dedicated eDiscovery Group in its Law Department: eDiscovery Trends
 Our Nation’s Largest City Now Has a Dedicated eDiscovery Group in its Law Department: eDiscovery Trends 150 150 CloudNine

If you can make it here, you can make it anywhere. The New York City Law Department has created an electronic discovery group that will be dedicated to assisting the agency’s litigators with preserving and producing electronic evidence.

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Defendant Gets Summary Judgment, Not Dismissal, Due to Plaintiff’s Wiping of Hard Drive: eDiscovery Case Law
 Defendant Gets Summary Judgment, Not Dismissal, Due to Plaintiff’s Wiping of Hard Drive: eDiscovery Case Law 150 150 CloudNine

In Watkins v. Infosys, Washington District Judge John C. Coughenour denied the defendant’s Motion for the Sanction of Dismissal but granted the defendant’s Motion for Summary Judgment against the plaintiff for spoliation of data due to her use of “Disk Wiping” software to delete ESI.

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Need Help with Cross Border Discovery? The Sedona Conference Has a New Guide for You!: eDiscovery Best Practices
 Need Help with Cross Border Discovery? The Sedona Conference Has a New Guide for You!: eDiscovery Best Practices 150 150 CloudNine

Cross-border discovery presents a growing challenge for courts, privacy authorities, companies, employees, counsel, and requesting parties. Discovery and Data Protection Laws vary widely around the world, and these laws may conflict. Foreign countries have differing notions of privacy and discovery than we do here in the US. Now, The Sedona Conference® has created a guide of practical in-house approaches to help.

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Information Governance Now Has its Own Conference: eDiscovery Trends
 Information Governance Now Has its Own Conference: eDiscovery Trends 150 150 CloudNine

If you’re not “conferenced-out” by last week’s ILTACON (which we covered before, during and after the show), here is a brand new conference dedicated to Information Governance for you to check out.

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The Four V’s of Big Data: eDiscovery Trends
 The Four V’s of Big Data: eDiscovery Trends 150 150 CloudNine

I love infographics! A picture is truly worth a thousand words. So, when I saw this infographic about big data, I felt I needed to share it. Enjoy!

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Court Rules that State Agency is Not Responsible for Emails Deleted via the Retention Policy of Another State Agency: eDiscovery Case Law
 Court Rules that State Agency is Not Responsible for Emails Deleted via the Retention Policy of Another State Agency: eDiscovery Case Law 150 150 CloudNine

In Wandering Dago, Inc. v. N.Y. State Office of Gen. Servs., New York Magistrate Judge Randolph F. Treece denied the plaintiff’s request for sanctions, stating that “that neither the individual Defendants nor their Attorney had a duty to preserve” the emails of the Deputy Secretary of Gaming and Racing to the President of the New York Racing Authority (“NYRA”).

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Observations from ILTACON: eDiscovery Trends
 Observations from ILTACON: eDiscovery Trends 150 150 CloudNine

Just flew back from ILTACON 2015 (and, boy are my arms tired!). Even though Caesars Palace is not pager friendly, it was a terrific venue for the show again (after having been held there two years ago). Between various meetings to pay the bills (we all have to), I found time to attend a few sessions. Here are a few brief observations from the show and sessions.

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Thursday’s ILTACON Sessions: eDiscovery Trends
 Thursday’s ILTACON Sessions: eDiscovery Trends 150 150 CloudNine

As noted yesterday, Monday and Tuesday, the International Legal Technology Association (ILTA) annual educational conference of 2015 (now known as ILTACON) is happening this week and eDiscovery Daily will be reporting this week about the latest eDiscovery trends being discussed at the show. If you’re in the Las Vegas area, this is the last day to come check out the show at Caesars Palace – there are a number of sessions available and over 190(!) exhibitors providing information on their products and services. Here are sessions in the main conference tracks today.

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