Our Insights on eDiscovery

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

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

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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EDRM Participant Profiles: eDiscovery Trends

When EDRM announced eDiscovery Daily as an Education partner back in March, EDRM agreed to publish our daily posts on the EDRM site and it has been great to publish our content via the leading standards organization for the eDiscovery market! However, another part of our agreement was for eDiscovery Daily to provide exclusive content to EDRM, including articles sharing real-life examples of organizations using EDRM resources in their own eDiscovery workflows. Now, our first participant profile is available on the EDRM site and we’re looking for other organizations to share their EDRM experiences!

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“Quality is Job 1” at Ford, Except When it Comes to Self-Collection of Documents: eDiscovery Case Law

In Burd v. Ford Motor Co., West Virginia Magistrate Judge Cheryl A. Eifert granted the plaintiff’s motion for a deposition of a Rule 30(b)(6) witness on the defendant’s search and collection methodology, but did not rule on the issue of whether the defendant had a reasonable collection process or adequate production, denying the plaintiff’s motion as “premature” on that request.

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Life is Short, But Can Seem Long if You’re a Cheater About to Be Exposed in the Ashley Madison Hack: eDiscovery Trends

One of the most discussed topics at LegalTech® New York 2015 (LTNY) earlier this year was cybersecurity. We’ve started covering some of the trends related to security breaches with posts here, here and here and even my hometown baseball team, the Houston Astros, was recently hacked by a competitor. The latest victims of cyber hacking – the purported 37 million subscribers of the online cheating site AshleyMadison.com – may find little sympathy in their plight.

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Court Denies Plaintiff’s Request for Spoliation Sanctions, as Most Documents Destroyed Before Duty to Preserve: eDiscovery Case Law

In Giuliani v. Springfield Township, et al., Pennsylvania District Judge Thomas N. O’Neill, Jr. denied the plaintiffs’ motion for spoliation sanctions, finding that the duty to preserve began when the case was filed and finding that “plaintiffs have not shown that defendants had any ill motive or bad intent in failing to retain the documents which plaintiffs seek”.

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Quality Control By The Numbers: eDiscovery Best Practices

A while back, we wrote about Quality Assurance (QA) and Quality Control (QC) in the eDiscovery process. Both are important in improving the quality of work product and making the eDiscovery process more defensible overall. With regard to QC, an overall QC mechanism is tracking of document counts through the discovery process, especially from collection to production, to identify how every collected file was handled and why each non-produced document was not produced.

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