Our Insights on eDiscovery

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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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The Forecast is for Way More Clouds by 2018: eDiscovery Trends
 The Forecast is for Way More Clouds by 2018: eDiscovery Trends 150 150 CloudNine

According to a new Gartner report released earlier this month, by 2018, at least 30% of the data reviewed in eDiscovery will be stored in the cloud, up from 5% this year.

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A Long Time Litigation Support Professional Gets a Deserved Recognition: eDiscovery Trends
 A Long Time Litigation Support Professional Gets a Deserved Recognition: eDiscovery Trends 150 150 CloudNine

When people ask me how long I’ve been working in the litigation support/eDiscovery industry, I generally tell them “25+ years” (after 25, I just stopped counting). But, there is someone who has been a litigation support professional for over 40(!) years, who recently received a well-deserved recognition for her work over the years. Her name is Robin Athlyn Thompson.

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What Do Daegis, Credence Corporation and Elysium Digital All Have in Common?: eDiscovery Trends
 What Do Daegis, Credence Corporation and Elysium Digital All Have in Common?: eDiscovery Trends 150 150 CloudNine

All three of these eDiscovery providers have been acquired within the last 2 1/2 months. Evolve Discovery? Ditto. Believe it or not, there have been a whopping 35 mergers, acquisitions and investments in the eDiscovery industry so far this year! That’s busy!

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Court States that Duty to Meet and Confer is Not an “Empty Formality”, Denies Request for Sanctions: eDiscovery Case Law
 Court States that Duty to Meet and Confer is Not an “Empty Formality”, Denies Request for Sanctions: eDiscovery Case Law 150 150 CloudNine

In Whitesell Corporation v. Electrolux Home Products, Inc. et. al., Georgia District Judge J. Randal Hall denied the plaintiff’s motion for sanctions against the defendant for identifying a deponent that (according to the plaintiff) had no particularized information regarding the defendant’s efforts to produce documents, stating that he was “unimpressed” by the plaintiff’s effort to confer on the matter and stating that the “duty-to-confer is not an empty formality”.

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Do You Test Your Search Terms Before Proposing Them to Opposing Counsel?: eDiscovery Best Practices
 Do You Test Your Search Terms Before Proposing Them to Opposing Counsel?: eDiscovery Best Practices 150 150 CloudNine

If you don’t, you should. When litigation is anticipated, it’s never too early to begin collecting potentially responsive data and assessing it by performing searches and testing the results. However, if you wait until after the meet and confer with opposing counsel, it can be too late. Let’s look at an example.

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Court Orders Defendant to Produce Metadata for Previously Produced Emails: eDiscovery Case Law
 Court Orders Defendant to Produce Metadata for Previously Produced Emails: eDiscovery Case Law 150 150 CloudNine

In Prezio Health, Inc. v. Schenk, et. al., after “a careful in camera review” of emails responsive to eighteen keyword search terms, Connecticut Magistrate Judge Joan Glazer Margolis ordered the defendant to produce metadata for eight specific emails which had already been produced to the plaintiff.

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