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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Here are a Few Common Myths About Technology Assisted Review: eDiscovery Best Practices
 Here are a Few Common Myths About Technology Assisted Review: eDiscovery Best Practices 150 150 CloudNine

A couple of years ago, after my annual LegalTech New York interviews with various eDiscovery thought leaders, I wrote a post about some of the perceived myths that exist regarding Technology Assisted Review (TAR) and what it means to the review process. After a recent discussion with a client where their misperceptions regarding TAR were evident, it seemed appropriate to revisit this topic and debunk a few myths that others may believe as well.

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If You’re Going to Submit a 2,941 Page Privilege Log, You’d Better Be Able to Demonstrate Privilege: eDiscovery Case Law
 If You’re Going to Submit a 2,941 Page Privilege Log, You’d Better Be Able to Demonstrate Privilege: eDiscovery Case Law 150 150 CloudNine

In United States v. Louisiana, Louisiana Magistrate Judge Richard L. Bourgeois, Jr., after reviewing 40 documents provided by the defendant for in-camera review, granted the plaintiff’s Renewed Motion to Compel a Proper Privilege Log, after denying the original motion because the plaintiff only provided 13 examples of “insufficient descriptions” within the privilege log’s entries.

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Apparently, in Discovery, Delta is Not Ready When You Are and It Has Cost Them Millions: eDiscovery Case Law
 Apparently, in Discovery, Delta is Not Ready When You Are and It Has Cost Them Millions: eDiscovery Case Law 150 150 CloudNine

A few years ago, we covered a case law decision in the Delta/Air Tran Baggage Fee Antitrust Litigation, where Delta was ordered to pay plaintiff attorney’s fees and costs for eDiscovery issues in that litigation. Apparently, Delta’s difficulties in this case have continued, as they have been ordered this week to pay over $2.7 million in sanctions for failing to turn over ESI, to go along with more than $4.7 million in sanctions for earlier discovery violations.

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NIST Issues Draft Guide for “Securing Electronic Health Records on Mobile Devices”: eDiscovery Trends
 NIST Issues Draft Guide for “Securing Electronic Health Records on Mobile Devices”: eDiscovery Trends 150 150 CloudNine

As we’ve discussed previously, stolen health records are worth a lot in the black market and that was underscored when health insurance provider Anthem announced in early February that it had suffered what appears to be the largest breach ever in the health insurance industry, affecting about 80 million people. Now, the National Institute of Standards and Technology (NIST) has released a draft guide that might help, at least with regard to securing electronic health record on mobile devices.

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Keyword Searching Isn’t Dead, If It’s Done Correctly: eDiscovery Best Practices
 Keyword Searching Isn’t Dead, If It’s Done Correctly: eDiscovery Best Practices 150 150 CloudNine

In the latest post of the Advanced Discovery blog, Tom O’Connor (who is an industry thought leader and has been a thought leader interviewee on this blog several times) posed an interesting question: Is Keyword Searching Dead?

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Court Denies Request for Sanctions for Routine Deletion of Files of Departed Employees: eDiscovery Case Law
 Court Denies Request for Sanctions for Routine Deletion of Files of Departed Employees: eDiscovery Case Law 150 150 CloudNine

In Charvat et. al. v. Valente et. al., Illinois Magistrate Judge Mary M. Rowland denied the plaintiff’s request for spoliation sanctions for the defendant’s admitted destruction of computer files belonging to two departed employees, finding that the plaintiff did not provide any evidence that the defendant acted in bad faith.

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Potential Data Breaches Still Happen the Old Fashioned Way, Too: eDiscovery Trends
 Potential Data Breaches Still Happen the Old Fashioned Way, Too: eDiscovery Trends 150 150 CloudNine

Whether you’re a website that promotes cheating on your spouse, a first place major league baseball team (yay!) or a major health insurance provider, data breaches can happen to you. Potentially, they can happen to law firms too, even the old fashioned way.

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Apple’s Motion to Seal eDiscovery Vendor Invoice Line Items Granted by Court: eDiscovery Case Law
 Apple’s Motion to Seal eDiscovery Vendor Invoice Line Items Granted by Court: eDiscovery Case Law 150 150 CloudNine

In GPNE Corp. v. Apple, Inc., California District Judge Lucy H. Koh granted the defendant’s motion to file under seal specific line items from third-party e-discovery vendor invoices that were submitted in support of its bill of costs.

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Do You Have a Favorite Law Blog? If So, Now is the Time To Recognize it!: eDiscovery Trends
 Do You Have a Favorite Law Blog? If So, Now is the Time To Recognize it!: eDiscovery Trends 150 150 CloudNine

Once again, ABA Journal is working on their annual list of the 100 best legal blogs, and they would like your advice on which blogs you think they should include. If you have a favorite law blog (or “blawg”, get it?), now is the time to nominate it for recognition in the ABA Journal Annual Blawg 100.

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Pitfalls Associated with Self-Collection of Data by Custodians: eDiscovery Best Practices
 Pitfalls Associated with Self-Collection of Data by Custodians: eDiscovery Best Practices 150 150 CloudNine

Last week, we covered the Burd v. Ford Motor Co. case where the court granted the plaintiff’s motion for a deposition of a Rule 30(b)(6) witness on the defendant’s search and collection methodology involving self-collection of responsive documents by custodians based on search instructions provided by counsel. In light of that case and a recent client experience of mine, I thought it would be appropriate to revisit this topic that we addressed a couple of years ago.

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