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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“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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Court Denies Plaintiff’s Request for Spoliation Sanctions, as Most Documents Destroyed Before Duty to Preserve: eDiscovery Case Law
 Court Denies Plaintiff’s Request for Spoliation Sanctions, as Most Documents Destroyed Before Duty to Preserve: eDiscovery Case Law 150 150 CloudNine

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, Making Sure the Numbers Add Up: eDiscovery Best Practices
 Quality Control, Making Sure the Numbers Add Up: eDiscovery Best Practices 150 150 CloudNine

Friday, we wrote about tracking file counts from collection to production, the concept of expanded file counts, and the categorization of files during processing. Today, let’s walk through a scenario to show how the files collected are accounted for during the discovery process.

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Quality Control By The Numbers: eDiscovery Best Practices
 Quality Control By The Numbers: eDiscovery Best Practices 150 150 CloudNine

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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This Study Discusses the Benefits of Including Metadata in Machine Learning for TAR: eDiscovery Trends
 This Study Discusses the Benefits of Including Metadata in Machine Learning for TAR: eDiscovery Trends 150 150 CloudNine

A month 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 and we covered one of those papers a couple of weeks later. Today, let’s cover another paper from the study.

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Similar Spoliation Case, Somewhat Different Outcome: eDiscovery Case Law
 Similar Spoliation Case, Somewhat Different Outcome: eDiscovery Case Law 150 150 CloudNine

In Malibu Media, LLC v. Michael Harrison, Indiana District Judge William T. Lawrence denied the plaintiff’s motion for summary judgment, upholding the magistrate judge’s ruling which found an adverse inference instruction for destroying a hard drive with potentially responsive data on it to be not warranted, and ruled that “it will be for a jury to decide” if such a sanction is appropriate.

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Tuesday LTWC 2015 Sessions: eDiscovery Trends
 Tuesday LTWC 2015 Sessions: eDiscovery Trends 150 150 CloudNine

As noted yesterday, LegalTech West Coast 2015 (LTWC) is happening this week and eDiscovery Daily is reporting about the latest eDiscovery trends being discussed at the show. There’s still time to check out the show if you’re in the San Francisco area with a number of sessions (both paid and free) available and at least 58 exhibitors providing information on their products and services. Here are eDiscovery and Information Governance related sessions in the main conference tracks.

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