Our Insights on eDiscovery

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.

Here’s Some Useful Criteria for Evaluating Information Governance Vendors: eDiscovery Best Practices

May 18, 2015

Rob Robinson’s excellent Complex Discovery blog has been a terrific resource for eDiscovery information for several years now, covering everything from a “mashup” of eDiscovery market estimates to mergers, acquisitions and investments in the eDiscovery industry. His article from last week provides some useful information to organizations looking to select the right information governance vendor for their needs.

Court Rejects Defendants Motion Seeking Limitless Access to Plaintiff’s Facebook Account: eDiscovery Case Law

May 15, 2015

In the class action In re Milo’s Kitchen Dog Treats Consolidated Cases, Pennsylvania Magistrate Judge Maureen P. Kelly denied the defendants’ Motion to Compel Unredacted Facebook Data File and Production of Username and Password, disagreeing that the discovery of one highly relevant Facebook entry justified the defendants to be “somehow entitled to limitless access to her Facebook account”. Judge Kelly did order the plaintiff to produce previously produced redacted Facebook pages to the Court unredacted so that an in camera inspection could be conducted to confirm that the redacted information was truly privileged.

Are You as “E-Savvy” as You Need to Be in Your “E-Disclosure” Process?: eDiscovery Best Practices

May 14, 2015

Craig Ball’s Ball in Your Court blog is always an excellent read, even when he writes it “across the pond” over in London. His latest post discusses how “fighting the last war” will eventually cost you when you come across an “e-savvy” opponent.

Law Departments and Law Firms Getting Smarter About Data Privacy and Security, According to Huron Legal: eDiscovery Trends

May 13, 2015

How are recent trends related to data privacy and security affecting the legal industry? Though one recent report was critical of law firms for failing to disclose data breaches, according to a new Q&A from Huron Legal, law departments, and law firms are getting smarter about addressing data privacy and security issues.

Here Are Other Team Members that a Winning Team Needs: eDiscovery Best Practices

May 12, 2015

When beginning a new eDiscovery project, a good place so start is to estimate the various tasks that will need to be performed and identify the type of personnel that will be needed. It is also important as the project progresses to revisit the project tasks and assignments to determine whether additional personnel are needed or if you can cut back. Yesterday, we began discussing the types of roles that could be associated with a typical eDiscovery project, here are some other roles,

A Winning Team Needs Several Types of Team Members: eDiscovery Best Practices

May 11, 2015

When beginning a new eDiscovery project, a good place so start is to estimate the various tasks that will need to be performed and identify the type of personnel that will be needed. It is also important as the project progresses to revisit the project tasks and assignments to determine whether additional personnel are needed or if you can cut back. Here are the types of roles that could be associated with a typical eDiscovery project.

Oh, Thank Heaven! Court Orders 7-Eleven to Produce Metadata: eDiscovery Case Law

May 8, 2015

In Younes, et al. v. 7-Eleven, Inc., New Jersey Magistrate Judge Joel Schneider granted the plaintiffs’ motions to compel the production of metadata for selected groups of documents, denying the defendant’s cross-motions to bar the production of metadata.

Ten Years Later, EDRM is Still Going Strong: eDiscovery Best Practices

May 7, 2015

It’s hard to believe, but ten years ago this month the leading standards organization for the eDiscovery market was launched. Launched in May 2005, the Electronic Discovery Reference Model (now simply known as EDRM) was created to address the lack of standards and guidelines in the electronic discovery market. This week, EDRM moved into its second decade with its annual Spring Workshop in St. Paul, MN.