Our Insights on eDiscovery

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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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Welcome to LegalTech West Coast 2015!: eDiscovery Trends
 Welcome to LegalTech West Coast 2015!: eDiscovery Trends 150 150 CloudNine

Today is the start of LegalTech® West Coast 2015 (LTWC) and eDiscoveryDaily is reporting about the latest eDiscovery trends being discussed at the show. We will provide a description each day of some of the sessions related to eDiscovery to give you a sense of the topics being covered. Here are eDiscovery-related sessions in the main conference tracks.

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Craig Ball Explains HASH Deduplication As Only He Can: eDiscovery Best Practices
 Craig Ball Explains HASH Deduplication As Only He Can: eDiscovery Best Practices 150 150 CloudNine

Ever wonder why some documents are identified as duplicates and others are not, even though they appear to be identical? Leave it to Craig Ball to explain it in plain terms.

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Plaintiff Once Again Sanctioned with an Adverse Inference Instruction, But Still No Complete Dismissal: eDiscovery Case Law
 Plaintiff Once Again Sanctioned with an Adverse Inference Instruction, But Still No Complete Dismissal: eDiscovery Case Law 150 150 CloudNine

In Lynn M. Johnson v. BAE Systems, Inc. et. al., District of Columbia District Judge Robert L. Wilkins granted the defendants’ motion for summary judgment with respect to the plaintiff’s claims for negligence, battery, and defamation, but chose to “impose lesser, but nonetheless severe, sanctions” in the form of an adverse inference instruction for her remaining claim for intentional infliction of emotional distress.

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Here is the Services “Mashup” of eDiscovery Market Estimates: eDiscovery Trends
 Here is the Services “Mashup” of eDiscovery Market Estimates: eDiscovery Trends 150 150 CloudNine

A couple of weeks ago, we covered the software “mashup” from Rob Robinson’s Complex Discovery site, which is an excellent resource for discovery and general legal technology articles (and a daily blogger’s best friend). Last week, Rob released his worldwide eDiscovery services overview for 2014 to 2019.

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