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 Awarded Sanctions and Reimbursement of Some eDiscovery Costs: eDiscovery Case Law
 Plaintiff Awarded Sanctions and Reimbursement of Some eDiscovery Costs: eDiscovery Case Law 150 150 CloudNine

In Engineered Abrasives, Inc. v. American Machine Products & Service, Inc., Illinois District Judge Sara L. Ellis awarded the plaintiff damages, attorneys’ fees and some requested costs, as well as granting the plaintiff’s motion for sanctions and ordering the defendants to reimburse the plaintiff $12,800 for the cost of conducting a forensic computer examination, which the plaintiff maintained was necessitated by Defendants’ evasive and incomplete responses and their failure to produce documents during discovery.

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Cyber Liability Insurance Policies are Becoming More Popular for Law Firms: eDiscovery Trends
 Cyber Liability Insurance Policies are Becoming More Popular for Law Firms: eDiscovery Trends 150 150 CloudNine

Last Friday, we discussed a report in The New York Times that discussed the unwillingness of most big US law firms to discuss or even acknowledge data breaches. But, despite the unwillingness to disclose breach information, more and more law firms are apparently purchasing or considering the purchase of cyber liability insurance to protect against potential data breaches.

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Has the Law Firm Holding Your Data Ever Suffered a Breach? You May Never Know.: eDiscovery Trends
 Has the Law Firm Holding Your Data Ever Suffered a Breach? You May Never Know.: eDiscovery Trends 150 150 CloudNine

In February, we discussed a report about data breach trends in 2014 and how those trends compared to data breaches in 2013. That report provided breach trends for several industries, including the healthcare industry, which suffered the most breaches last year (possibly because stolen health records are apparently worth big money). But, according to a recent report, you won’t see any trends for law firms because the legal profession almost never publicly discloses a breach.

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Ten Years Later, The Impact of the Zubulake Case is Still Huge: eDiscovery History
 Ten Years Later, The Impact of the Zubulake Case is Still Huge: eDiscovery History 150 150 CloudNine

It’s hard to believe, but ten years ago this past Monday, the verdict was rendered in the Zubulake v. UBS Warburg LLC case. Let’s take a look back at the case and see what Laura Zubulake is doing today.

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Managing Email Signature Logos During Review: eDiscovery Best Practices
 Managing Email Signature Logos During Review: eDiscovery Best Practices 150 150 CloudNine

Yesterday, we discussed how corporate logo graphic files in email signatures can add complexity when managing those emails in eDiscovery, as these logos, repeated over and over again, can add up to a significant percentage of your collection on a file count basis. Today, we are going to discuss a couple of ways that I have worked with clients to manage those files during the review process.

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Email Signature Logos are a Sign That Discovery Will be More Complicated: eDiscovery Best Practices
 Email Signature Logos are a Sign That Discovery Will be More Complicated: eDiscovery Best Practices 150 150 CloudNine

Many, if not most of us, use some sort of graphic in our email signature at work that represents our corporate logo and many organizations have created a standard email signature for their employees to use when corresponding with others. It’s another subtle way of promoting brand recognition. But, those logos can add complexity when managing those emails in eDiscovery.

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Defendant Does Not Take the Fall for Spoliation in Slip and Fall Case: eDiscovery Case Law
 Defendant Does Not Take the Fall for Spoliation in Slip and Fall Case: eDiscovery Case Law 150 150 CloudNine

In Harrell v. Pathmark et al., Pennsylvania District Judge Gene E. K. Pratter, after a hearing to consider whether to draw an adverse inverse instruction due to the defendant’s possible spoliation of video evidence, determined that “a spoliation inference would not be appropriate here”. Finding that the plaintiff had presented no evidence that the defendant had constructive notice of a dangerous condition resulting in her slip and fall, Judge Pratter also granted the defendant’s motion for summary judgment.

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You Should Check the Level of Your Fuzzy When Searching: eDiscovery Best Practices
 You Should Check the Level of Your Fuzzy When Searching: eDiscovery Best Practices 150 150 CloudNine

If the title seems odd, let me clarify. I’m talking about “fuzzy” searching, which is a mechanism by finding alternate words that are close in spelling to the word you’re looking for. Fuzzy searching will expand your search recall, but too much “fuzzy” will leave you reviewing a lot of non-responsive hits.

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Simply Deleting an Email Doesn’t Mean It’s Gone, Even When It’s Hillary Clinton’s Emails: eDiscovery Trends
 Simply Deleting an Email Doesn’t Mean It’s Gone, Even When It’s Hillary Clinton’s Emails: eDiscovery Trends 150 150 CloudNine

Early in the life of this blog, we published a blog post called eDiscovery 101: Simply Deleting a File Doesn’t Mean It’s Gone to try to help our readers understand how disk drives keep track of files and how “deleted” files often can still be recovered. Something tells me that basic forensic concept will become a big issue in the coming weeks and months regarding Hillary Clinton’s deleted emails.

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Big Money for Stolen Health Records: eDiscovery Trends
 Big Money for Stolen Health Records: eDiscovery Trends 150 150 CloudNine

Last month, we discussed how the number of data breaches was up in 2014, but the number of records breached was down. Of course, this year already got off to a rocky start when health insurance provider Anthem announced in early February that it had suffered what appears to be the largest breach ever in the health insurance industry, affecting about 80 million people. It turns out that those hacked health records are worth a lot in the black market.

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