Our Insights on eDiscovery

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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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Should Contract Review Attorneys Receive Overtime Pay?: eDiscovery Trends
 Should Contract Review Attorneys Receive Overtime Pay?: eDiscovery Trends 150 150 CloudNine

Whether they should or not, maybe they can – if they’re found NOT to be practicing law, according to a ruling from the Second U.S. Circuit Court of Appeals.

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“Da Silva Moore Revisited” Will Be Visited by a Newly Appointed Special Master: eDiscovery Case Law
 “Da Silva Moore Revisited” Will Be Visited by a Newly Appointed Special Master: eDiscovery Case Law 150 150 CloudNine

In Rio Tinto Plc v. Vale S.A., New York Magistrate Judge Andrew J. Peck, at the request of the defendant, entered an Order appointing Maura Grossman as a special master in this case to assist with issues concerning Technology-Assisted Review (TAR).

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EDRM Participant Profiles: eDiscovery Trends
 EDRM Participant Profiles: eDiscovery Trends 150 150 CloudNine

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
 “Quality is Job 1” at Ford, Except When it Comes to Self-Collection of Documents: eDiscovery Case Law 150 150 CloudNine

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
 Life is Short, But Can Seem Long if You’re a Cheater About to Be Exposed in the Ashley Madison Hack: eDiscovery Trends 150 150 CloudNine

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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