Our Insights on eDiscovery

Rules Amendments Are Not Just Being Approved WITHIN DC, But Also FOR DC As Well: eDiscovery Trends

August 13, 2015

We’ve been covering the progress of adoption of changes to the Federal Rules and the associated debate regarding the rules – especially Rule 37(e) – for over two years. Unless Congress introduces legislation to affect the timing or content of the rules, the rules will become effective on December 1 of this year. But, did you know that there are new rules amendments for the District of Columbia, as well?

What’s Better than the Discovery Channel? The eDiscovery Channel!: eDiscovery Trends

August 12, 2015

If you’ve been a long time follower of this blog (or even not that long), you’re familiar with the thought leader interview series we conduct every year at LegalTech New York (LTNY). Now, you can listen to podcasts from a couple of eDiscovery thought leaders from the comfort of your own computer!

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

August 11, 2015

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.

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

August 10, 2015

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.

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

August 7, 2015

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.

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

August 6, 2015

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.

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

August 5, 2015

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?

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

August 4, 2015

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.

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

August 3, 2015

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.

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

July 31, 2015

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.