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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Despite Failure to Implement a Litigation Hold, Defendant Escapes Sanctions: eDiscovery Case Law
 Despite Failure to Implement a Litigation Hold, Defendant Escapes Sanctions: eDiscovery Case Law 150 150 CloudNine

In Flanders v. Dzugan et. al., despite the fact that the defendant failed to implement a litigation hold, Pennsylvania District Judge Nora Barry Fischer denied the plaintiff’s Motion for Sanctions alleging the defendants failed to preserve evidence relevant to the case, finding that the plaintiff “cannot show any evidence was actually lost or destroyed”, “cannot show that if evidence was lost or destroyed, it would have been beneficial to his case” and “[n]or can Plaintiff show bad faith”.

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If You Ever Have to Compare RFP Vendors, EDRM Has a New Calculator for You: eDiscovery Best Practices
 If You Ever Have to Compare RFP Vendors, EDRM Has a New Calculator for You: eDiscovery Best Practices 150 150 CloudNine

Let’s face it, comparing bids from different eDiscovery vendors on an “apples to apples” basis can be difficult as each vendor seems to have its own unique pricing structure. However, a new calculator from EDRM can help simplify the comparison process to identify the low cost provider.

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You’re More Likely to Be Hit by Lightning Than to Be Sanctioned for Non-Preservation of ESI: eDiscovery Best Practices
 You’re More Likely to Be Hit by Lightning Than to Be Sanctioned for Non-Preservation of ESI: eDiscovery Best Practices 150 150 CloudNine

When it comes to eDiscovery topics, eDiscovery expert (and frequent thought leader interviewee on this blog) Craig Ball doesn’t hesitate to speak his mind and confront the (oftentimes) brutal truth. In Craig’s latest post in his excellent Ball in Your Court blog, he does so in spades.

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Legal Salaries on the Rise? That’s the Half of It: eDiscovery Trends
 Legal Salaries on the Rise? That’s the Half of It: eDiscovery Trends 150 150 CloudNine

Robert Half’s 2016 Legal Salary Guide features salary ranges for more than 100 positions in the legal field and provides some other interesting statistics, as well. According to the Guide, average starting salaries for lawyers at law firms are expected to increase 3.5 percent in 2016. And, salaries for experienced litigation support and eDiscovery directors and managers are expected to rise even more than that.

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Court Denies Motion for Sanctions Against Veterinary Hospital for Spoliation of ESI: eDiscovery Case Law
 Court Denies Motion for Sanctions Against Veterinary Hospital for Spoliation of ESI: eDiscovery Case Law 150 150 CloudNine

In Grove City Veterinary Service, LLC et. al. v. Charter Practices International, LLC, Oregon Magistrate Judge John V. Acosta concluded that the plaintiffs had not met their burden of showing they are entitled to sanctions for spoliation of evidence by deleting one of the veterinarian’s archived work emails.

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Believe it or Not, Apple v. Samsung is Still Going Strong: eDiscovery Case Law
 Believe it or Not, Apple v. Samsung is Still Going Strong: eDiscovery Case Law 150 150 CloudNine

Remember, the Apple v. Samsung case? We covered this case so much last year that it had its own category in our four part annual case law review (where we covered 68 unique cases!). We took a break from covering it this year to focus on other cases where more significant eDiscovery rulings were taking place. Nonetheless, it appears that Samsung may, just may, finally have to pay some damages to Apple for patent infringement.

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Five is Alive! eDiscovery Daily is Five Years Old!
 Five is Alive! eDiscovery Daily is Five Years Old! 150 150 CloudNine

Believe it or not, it has been five years ago yesterday since we launched the eDiscovery Daily blog! Want to catch up on recent posts you’ve missed? Now’s your chance.

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Get Ready for “E-Discovery Day” and a Milestone for LitSupport Guru: eDiscovery Trends
 Get Ready for “E-Discovery Day” and a Milestone for LitSupport Guru: eDiscovery Trends 150 150 CloudNine

We have days to celebrate all sorts of things. According to the website Days of the Year, yesterday was “Apple Dumpling Day” and today is “Respect Day”. Now, eDiscovery enthusiasts have an event to look forward to – “E-Discovery Day”, on December 1st of this year. And, one of my favorite blogs celebrates an important milestone!

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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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