Our Insights on eDiscovery

Quality Control By The Numbers: eDiscovery Best Practices

July 17, 2015

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.

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

July 16, 2015

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.

Similar Spoliation Case, Somewhat Different Outcome: eDiscovery Case Law

July 15, 2015

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.

Tuesday LTWC 2015 Sessions: eDiscovery Trends

July 14, 2015

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.

Welcome to LegalTech West Coast 2015!: eDiscovery Trends

July 13, 2015

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.

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

July 10, 2015

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.

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

July 9, 2015

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.

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

July 8, 2015

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.

Plaintiff Ordered to Re-Produce Files in Native Format Because it Failed to Meet and Confer with Defendant: eDiscovery Case Law

July 7, 2015

In Themis Bar Review, LLC v. Kaplan, Inc., California Magistrate Judge Barbara L. Major ordered the plaintiff pay for the cost to produce files in native format after the plaintiff originally produced unsearchable PDF images without metadata and failed to properly meet and confer with the defendant regarding production format as stipulated in the parties’ Joint Discovery Plan.

Rest in Peace, Jack Halprin

July 6, 2015

I was prepared to report some happy news today, as Chris LaCour joined EDRM last week as Director of Business Development. Unfortunately, with this happy news, I also learned of sad news earlier today. Jack Halprin, head of eDiscovery at Google, passed away on July 2 after a brief battle with Non-Hodgkin’s lymphoma. He was only 46 years old.