Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.

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

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.

read more

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

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.

read more

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

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.

read more

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

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”).

read more