Our Insights on eDiscovery

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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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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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