Our Insights on eDiscovery

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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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Vacation Case Law Pop Quiz #1!: eDiscovery Case Law
 Vacation Case Law Pop Quiz #1!: 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 first vacation case law pop quiz for those who don’t know and didn’t look them up.

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Court Sanctions Plaintiff for Failing to Preserve Audio Recording: eDiscovery Case Law
 Court Sanctions Plaintiff for Failing to Preserve Audio Recording: eDiscovery Case Law 150 150 CloudNine

In Compass Bank v. Morris Cerullo World Evangelism, California Magistrate Judge William V. Gallo ruled that the plaintiff “wilfully engaged in the spoliation of relevant evidence”, and “has demonstrated a pattern of recalcitrant behavior during discovery in this litigation” and awarded an adverse inference jury instruction sanction against the plaintiff as well as defendant’s attorney fees and costs.

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Want to Save Review Costs? Be the Master of Your Domain(s): eDiscovery Best Practices
 Want to Save Review Costs? Be the Master of Your Domain(s): eDiscovery Best Practices 150 150 CloudNine

Yesterday, we discussed how some BigLaw firms mark-up reviewer billing rates two to three times (or more) when billing their clients. But, even if that’s not the case, review is still by far the most expensive phase of eDiscovery. One way to minimize those costs is to identify documents that need little or no review and domain categorization can help in identifying those documents.

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This Firm Marked Up Reviewer Billings Over 500 Percent and that’s Not the Worst Part: eDiscovery Trends
 This Firm Marked Up Reviewer Billings Over 500 Percent and that’s Not the Worst Part: eDiscovery Trends 150 150 CloudNine

Remember when we asked the question whether a blended document review rate of $466 per hour is excessive? Many of you weighed in on that one and that post is still our most viewed of all time. Marking up the billing rate for reviewers over 500 percent may or may not also be unacceptable, depending on who you talk to. But, everyone agrees that billing more hours than you actually worked is a bad thing.

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Court Orders Deposition of Expert to Evaluate Issues Resulting from Plaintiff’s Deletion of ESI: eDiscovery Case Law
 Court Orders Deposition of Expert to Evaluate Issues Resulting from Plaintiff’s Deletion of ESI: eDiscovery Case Law 150 150 CloudNine

In Procaps S.A. v. Patheon Inc., Florida District Judge Jonathan Goodman ordered the deposition of a third-party computer forensic expert, who had previously examined the plaintiff’s computers, to be conducted in part by a Special Master that had been appointed to examine the eDiscovery and forensic issues in the case. The purpose of the ordered deposition was to help the Court decide the issues related to files deleted by the plaintiff and assist the defendant to decide whether or not to file a sanctions motion.

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