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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Judge Recommends Default Judgment Sanctions Against Defendants, Even Though Some Deleted Files Were Recoverable: eDiscovery Case Law
 Judge Recommends Default Judgment Sanctions Against Defendants, Even Though Some Deleted Files Were Recoverable: eDiscovery Case Law 150 150 CloudNine

In Malibu Media, LLC v. Tashiro, Indiana Magistrate Judge Mark J. Dinsmore issued a Report and Recommendation on Plaintiff’s Motion for Sanctions, recommending that the Court grant the plaintiff’s motion against the defendants for spoliation of evidence and perjury and enter default judgment against the defendants.

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Here’s One Study That Shows Potential Savings from Technology Assisted Review: eDiscovery Trends
 Here’s One Study That Shows Potential Savings from Technology Assisted Review: eDiscovery Trends 150 150 CloudNine

A couple of weeks ago, we discussed the Discovery of Electronically Stored Information (DESI) workshop and the papers describing research or practice presented at the workshop that was held earlier this month. Today, let’s cover one of those papers.

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Expanded Sources of ESI Show That Crime Doesn’t Pay: eDiscovery Trends
 Expanded Sources of ESI Show That Crime Doesn’t Pay: eDiscovery Trends 150 150 CloudNine

I love the TV show Forensic Files – it amazes me how many different ways that law enforcement entities have to identify, catch and convict criminals. With that in mind, here are a couple of stories that show how expanded sources of ESI can be used as evidence in criminal cases.

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Plaintiff Ordered to Image its Sources of ESI, Respond to Disputed Discovery Requests: eDiscovery Case Law
 Plaintiff Ordered to Image its Sources of ESI, Respond to Disputed Discovery Requests: eDiscovery Case Law 150 150 CloudNine

In Electrified Discounters, Inc. v. MI Technologies, Inc. et al., Connecticut Magistrate Judge Donna F. Martinez granted the defendant’s motion to compel the plaintiff ‘s responses to discovery and ordered the plaintiff to “image its sources of electronically stored information (‘ESI’), including its hard drives and QuickBook files”.

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Think Before You Hit Send (Unless You’re On Gmail and are Really Fast): eDiscovery Trends
 Think Before You Hit Send (Unless You’re On Gmail and are Really Fast): eDiscovery Trends 150 150 CloudNine

Let’s face it, people make mistakes. However, a new feature from Google may help people who make those mistakes avoid the consequences – if they’re quick to address them.

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Time for Another “Mashup” of eDiscovery Market Estimates: eDiscovery Trends
 Time for Another “Mashup” of eDiscovery Market Estimates: eDiscovery Trends 150 150 CloudNine

Rob Robinson’s Complex Discovery site is an excellent resource for discovery and general legal technology articles which we’ve profiled several times before. In the past two years, we have covered his compilations of various eDiscovery market estimates for 2012 to 2017 and for 2013 to 2018. Now, he has released his worldwide eDiscovery software overview for 2014 to 2019.

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Colorado Rolls Out Guidelines and Checklist for Discovery of ESI: eDiscovery Trends
 Colorado Rolls Out Guidelines and Checklist for Discovery of ESI: eDiscovery Trends 150 150 CloudNine

From time to time, we’ve covered not only Federal eDiscovery rules, but also eDiscovery rules within the states as well. One of the states that has been slow to undertake any eDiscovery rulemaking activity is Colorado. However, on June 4, the U.S. District Court for the District of Colorado did publish new Guidelines Addressing the Discovery of Electronically Stored Information as well as a Checklist for Rule 26(f) Meet-and-Confer Regarding Electronically Stored Information (ESI).

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New York Supreme Court Sanctions Two Attorney Defendants for “Egregious Misconduct” in Spoliation of Data: eDiscovery Case Law
 New York Supreme Court Sanctions Two Attorney Defendants for “Egregious Misconduct” in Spoliation of Data: eDiscovery Case Law 150 150 CloudNine

In HMS Holdings Corp. v. Arendt, et al., the New York Supreme Court in Albany County ordered a mandatory adverse inference instruction so that the trier of fact could “draw the strongest possible adverse inference from defendants’ bad faith and intentional destruction, deletion and failure to produce relevant evidence”. The court also awarded attorney fees, and forwarded a copy of the order regarding Defendant Lange to the New York State Committee on Professional Standards for attorneys.

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Court’s “Jazzy” Decision to Award Costs May “Bug” Plaintiff, But Defendant Doesn’t Mind a “Bit”: eDiscovery Case Law
 Court’s “Jazzy” Decision to Award Costs May “Bug” Plaintiff, But Defendant Doesn’t Mind a “Bit”: eDiscovery Case Law 150 150 CloudNine

In Fitbug Ltd. v. Fitbit, Inc., California District Judge Samuel Conti, throwing in a jazz reference during his opinion, ruled to tax over $63,000 in costs to be paid to the prevailing defendant in the case.

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“Stealing Signs” in Baseball Takes on New Meaning in the Information Age: eDiscovery Trends
 “Stealing Signs” in Baseball Takes on New Meaning in the Information Age: eDiscovery Trends 150 150 CloudNine

According to an article in the New York Times, one Major League Baseball team has defined a new way of playing “hardball” with the competition – hacking into the network of another team to capture closely guarded information about players.

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