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

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

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!: eDiscovery Case Law

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

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!: eDiscovery Case Law

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

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

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

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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