Our Insights on eDiscovery

Calling First 30(b)(6) Witness a “Waste of Time”, Court Orders a Second Deposition: eDiscovery Case Law

November 5, 2015

In Rembert v. Cheverko et. al., New York District Judge Katherine B. Forrest granted the plaintiff’s motion “in its entirety” to compel the defendants to provide a properly prepared 30(b)(6) witness to testify regarding the defendants’ preservation and production of emails, to provide copies of document retention/preservation notices issued and to reimburse plaintiff’s costs and fees associated with having to conduct an additional deposition.

Mo’ Data, Mo’ Data, Mo’ Data from EDRM: eDiscovery Trends

November 4, 2015

It didn’t take long for EDRM to deliver on its promise of an advanced data set. Back in August, EDRM announced the release of the first of its “Micro Datasets”, designed for eDiscovery data testing and process validation. The first one was small, this new data set is MUCH bigger.

Here’s a Look at How and Where Legal Departments are Utilizing Data Analytics: eDiscovery Trends

November 3, 2015

Let’s face it, data analytics are everywhere. It’s no longer just Netflix suggesting movie choices based on previously watched movies or Amazon suggesting your next purchase, all companies are using data analytics to drive their business processes in various departments, including their legal departments. But how are in-house legal departments actually using data analytics capabilities? Here’s a new study that offers some answers.

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

November 2, 2015

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.

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

October 30, 2015

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?

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

October 29, 2015

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

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

October 28, 2015

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”.

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

October 27, 2015

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).

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

October 26, 2015

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.

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

October 23, 2015

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.