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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Plaintiff Ordered to Re-Produce Files in Native Format Because it Failed to Meet and Confer with Defendant: eDiscovery Case Law
 Plaintiff Ordered to Re-Produce Files in Native Format Because it Failed to Meet and Confer with Defendant: eDiscovery Case Law 150 150 CloudNine

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.

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Rest in Peace, Jack Halprin
 Rest in Peace, Jack Halprin 150 150 CloudNine

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.

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Independence Day is Saturday! Declare Your eDiscovery Independence!: eDiscovery Best Practices
 Independence Day is Saturday! Declare Your eDiscovery Independence!: eDiscovery Best Practices 150 150 CloudNine

As we approach our country’s independence day on Saturday, we thought we would take a look at how that relates to electronic discovery and ask this question: Do you feel like you’re frequently dependent on others to accomplish the tasks you need to complete within your discovery process? If so, here’s some ways you can declare your eDiscovery independence!

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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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