Our Insights on eDiscovery

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

June 2, 2015

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.

Want a Definition of “Possession, Custody, or Control” of ESI? Look to The Sedona Conference: eDiscovery Best Practices

June 1, 2015

Hard to believe that we’re just now getting around to covering it, but The Sedona Conference® released a new commentary back in April. This guide strives to provide guidance to defining the phrase “possession, custody, or control” as it’s used in Federal Rules 34 and 45.

Here’s a New Job Title that May Catch On – Chief Data Scientist: eDiscovery Trends

May 29, 2015

With big data becoming bigger than ever, the ability for organizations to apply effective data analytics within information governance and electronic discovery disciplines has become more important than ever. With that in mind, one law firm has created a new role that might catch on with other firms and corporations – the role of Chief Data Scientist.

Gartner Report Estimates eDiscovery Software Market was $1.8 Billion in 2014: eDiscovery Trends

May 28, 2015

The eDiscovery marketplace grew in 2014 with total software revenue reaching $1.8 billion worldwide, according to Gartner’s annual Magic Quadrant for E-Discovery Software report, released last week.

Is Skype a Telecom Company or a Software Company? The Answer Determines Whether They Have to Turn Over Call Records: eDiscovery Trends

May 27, 2015

Many of us have used Skype to communicate with friends or business colleagues (or maybe both). Can Skype be compelled to turn over those call records? Not if they can help it.

Defendant Compelled to Produce Employees’ Personal Data in EEOC Dispute: eDiscovery Case Law

May 26, 2015

In EEOC v. DolgenCorp LLC d/b/a Dollar General, Illinois District Judge Andrea R. Wood granted the plaintiff’s motion to compel the defendant to produce electronically-stored information (“ESI”) containing personal information of the defendant’s conditional hires and complete versions of documents that the defendant previously produced with portions redacted due to purported lack of relevance. She also ordered the plaintiff to produce documents previously withheld due to privilege for an in camera review.

For a Successful Outcome to Your Discovery Project, Work Backwards: eDiscovery Best Practices

May 22, 2015

While the Electronic Discovery Reference Model from EDRM has become the standard model for the workflow of the process for handling electronically stored information (ESI) in discovery, it might be helpful to think about the EDRM model backwards, whether you’re the producing party or the receiving party.

Court Untangles Form of Production Dispute with Curling Iron Manufacturer: eDiscovery Case Law

May 21, 2015

In Wilson v. Conair Corp., California Magistrate Judge Stanley A. Boone granted in part the plaintiff’s motion to compel production, by requiring the defendant to produce further ESI in native format if feasible or TIFF format with the associated metadata, as well as to produce associated metadata for its prior production if it had not already done so.

Norton Rose Fulbright’s Latest Survey Shows Majority of Companies use TAR, Collect from Mobile Devices: eDiscovery Trends

May 20, 2015

According to Norton Rose Fulbright’s Litigation Trends Annual Survey for 2015 released last week, companies in the United States continue to deal with, and spend more on litigation. From an eDiscovery standpoint, the survey showed that more than half of respondents preserve and collect data from employee mobile devices and use technology assisted review, and a clear majority of respondents still rely on self-preservation to fulfill preservation obligations for at least some cases.

Tired of the “Crap”, Court Sanctions Investors and Lawyers for Several Instances of Spoliation: eDiscovery Case Law

May 19, 2015

In Clear-View Technologies, Inc., v. Rasnick et al, California Magistrate Judge Paul S. Grewal sanctioned the defendants $212,320 and also granted a permissive adverse jury instruction that allows the presumption that the defendants’ spoliated documents due to a series of “transgressions” by the defendants and their prior counsel.