Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.
Close
Enter your
text here
Oh, Thank Heaven! Court Orders 7-Eleven to Produce Metadata: eDiscovery Case Law
 Oh, Thank Heaven! Court Orders 7-Eleven to Produce Metadata: eDiscovery Case Law 150 150 CloudNine

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.

read more
Ten Years Later, EDRM is Still Going Strong: eDiscovery Best Practices
 Ten Years Later, EDRM is Still Going Strong: eDiscovery Best Practices 150 150 CloudNine

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.

read more
For Better Document Review, You Need to Approach a ZEN State: eDiscovery Best Practices
 For Better Document Review, You Need to Approach a ZEN State: eDiscovery Best Practices 150 150 CloudNine

Among the many definitions of the word “zen”, the Urban Dictionary provides perhaps the most appropriate (non-religious) definition of the word, as follows: a total state of focus that incorporates a total togetherness of body and mind. However, when it comes to document review, a new web site by eDiscovery thought leader Ralph Losey may change your way of thinking about the word “ZEN”.

read more
Appeals Court Upholds “Death Penalty Order” Sanction That Leads to Multi-Million Dollar Judgment: eDiscovery Case Law
 Appeals Court Upholds “Death Penalty Order” Sanction That Leads to Multi-Million Dollar Judgment: eDiscovery Case Law 150 150 CloudNine

In Crews v. Avco Corp., a Washington Court of Appeals upheld a “death penalty order” against the defendant for discovery violations, including the failure to produce relevant information, but remanded for amendment of the final judgment of over $17.28 million to reflect any offsets for settlements with other defendants.

read more
Even When You Win in the Playoffs, You Should Still Think Before You Hit Send: eDiscovery Trends
 Even When You Win in the Playoffs, You Should Still Think Before You Hit Send: eDiscovery Trends 150 150 CloudNine

Since social media has become a big part of discovery, we like to good social media disaster story every once in a while. The latest example is the (now former) social media manager of my hometown Houston Rockets basketball team, who lost his job over an offensive tweet.

read more
One Step to Go for the Federal Rules Changes. Will it Be a Formality?: eDiscovery Trends
 One Step to Go for the Federal Rules Changes. Will it Be a Formality?: eDiscovery Trends 150 150 CloudNine

Wednesday, Supreme Court Chief Justice John G. Roberts submitted proposed amendments to the Federal Rules of Civil Procedure to Congress via an order, accompanied by letters to Speaker of the House John Boehner and President of the Senate (and Vice President of the US) Joe Biden.

read more
It’s Draft Day! What Skills Does Your eDiscovery Quarterback Need?: eDiscovery Best Practices
 It’s Draft Day! What Skills Does Your eDiscovery Quarterback Need?: eDiscovery Best Practices 150 150 CloudNine

If you’re a fan of a pro football team, you’ve been waiting months to see what players your favorite team will be drafting. That wait ends tonight as the annual NFL draft kicks off. When it comes to selecting football players, the most important player is the quarterback. Like a football team, every litigation team navigating the discovery process needs a good “quarterback”. What skills does your eDiscovery “quarterback” need? Let’s take a look.

read more
This Guy Says that Computers Could Eventually Replace Lawyers – In the Courtroom: eDiscovery Trends
 This Guy Says that Computers Could Eventually Replace Lawyers – In the Courtroom: eDiscovery Trends 150 150 CloudNine

Over four years ago, we covered an article in The New York Times that discussed how the use of artificial intelligence could lead to replacing “armies of expensive lawyers” during the eDiscovery process. Now, a new article in The Wall Street Journal online goes a step further, speculating that “computers will eventually pass the legal bar exam and defendants will be given the right to be represented by a computational attorney if they so wish”.

read more
“How Much Will it Cost?” is Not Necessarily the Right Question to Ask: eDiscovery Best Practices
 “How Much Will it Cost?” is Not Necessarily the Right Question to Ask: eDiscovery Best Practices 150 150 CloudNine

By far, the most important (and, therefore, the most asked) question asked of eDiscovery providers is “How much will it cost?”. Actually, you should be asking a few questions to get that answer – if they are the right questions, you can actually get the answer you seek.

read more
Denial of Motion for Spoliation Sanctions Leaves Plaintiff Less Than Glad: eDiscovery Case Law
 Denial of Motion for Spoliation Sanctions Leaves Plaintiff Less Than Glad: eDiscovery Case Law 150 150 CloudNine

In Gladue v. Saint Francis Medical Center, Missouri District Judge Carol E. Jackson denied the plaintiff’s motion for evidentiary and monetary sanctions due to spoliation of evidence, finding that the defendant did not have a duty to preserve emails deleted as part of routine IT operations, had diligently attempted to recover deleted emails and that the plaintiff failed to show that any of the unrecovered emails were relevant to her claims.

read more