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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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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You Almost Can’t Have a Divorce without Smartphone Evidence These Days: eDiscovery Trends
 You Almost Can’t Have a Divorce without Smartphone Evidence These Days: eDiscovery Trends 150 150 CloudNine

If you think the NSA is tough, hell hath no fury like a suspicious spouse scorned.

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DESI Got Your Input, and Here It Is: eDiscovery Trends
 DESI Got Your Input, and Here It Is: eDiscovery Trends 150 150 CloudNine

Back in January, we discussed the Discovery of Electronically Stored Information (DESI, not to be confused with Desi Arnaz, pictured above) workshop and its call for papers describing research or practice for the DESI VI workshop that was held last week at the University of San Diego as part of the 15th International Conference on Artificial Intelligence & Law (ICAIL 2015). Now, links to those papers are available on their web site.

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Court Resolves Dispute Over Scope of Databases and Searches to be Performed: eDiscovery Case Law
 Court Resolves Dispute Over Scope of Databases and Searches to be Performed: eDiscovery Case Law 150 150 CloudNine

In Willett, et al. v. Redflex Traffic Systems, Inc., New Mexico District Judge Lourdes A. Martinez ordered the defendants to produce a spreadsheet referred of file folders, with information for the files on their virtual server(s), the plaintiffs to provide the defendant with a reasonable list of search terms, limited to the relevant time frame, parties, and issues of this case and for the defendants to perform the searches specified by the plaintiffs within ten days of receiving the searches.

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Vacation Case Law Pop Quiz #2 Answers!: eDiscovery Case Law
 Vacation Case Law Pop Quiz #2 Answers!: eDiscovery Case Law 150 150 CloudNine

Yesterday, we gave you the second eDiscovery case law vacation pop quiz. If you’re reading the blog each day, these questions should be easy! Let’s see how you did. Here are the answers.

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Vacation Case Law Pop Quiz #2!: eDiscovery Case Law
 Vacation Case Law Pop Quiz #2!: eDiscovery Case Law 150 150 CloudNine

Here’s an opportunity to give you a chance to catch up on cases we’ve covered so far this year with a case law pop quiz! If you’re reading the blog each day, these questions should be easy! If not, we’ve provided a link to the post with the answer. We’re that nice. Test your knowledge! Tomorrow, we’ll post the answers to this second vacation case law pop quiz for those who don’t know and didn’t look them up.

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When Collecting Emails, Make Sure You Have a Complete Outlook: eDiscovery Best Practices
 When Collecting Emails, Make Sure You Have a Complete Outlook: eDiscovery Best Practices 150 150 CloudNine

Most discovery requests include a request for emails of parties involved in the case. Email data is often the best resource for establishing a timeline of communications in the case and Microsoft® Outlook is the most common email program used in business today. Outlook emails can be stored in several different forms, so it’s important to be able to account for each file format when collecting emails that may be responsive to the discovery request.

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Vacation Case Law Pop Quiz #1 Answers!: eDiscovery Case Law
 Vacation Case Law Pop Quiz #1 Answers!: eDiscovery Case Law 150 150 CloudNine

Yesterday, we gave you the first eDiscovery case law vacation pop quiz. If you’re reading the blog each day, these questions should be easy! Let’s see how you did. Here are the answers.

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