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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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”.

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“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.

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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.

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Dispute Over Ownership of Social Media Accounts Lands Former Business Owner in Jail: eDiscovery Trends
 Dispute Over Ownership of Social Media Accounts Lands Former Business Owner in Jail: eDiscovery Trends 150 150 CloudNine

I don’t get to cover a story very often that originates from my hometown paper, the Houston Chronicle, but here is an interesting story about a former gun store owner being jailed for refusing to turn over the passwords to the social media accounts that used to be associated with his business.

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How Blue Was My Valley? Not Blue Enough to Cite the Defendant for Discovery Violations: eDiscovery Case Law
 How Blue Was My Valley? Not Blue Enough to Cite the Defendant for Discovery Violations: eDiscovery Case Law 150 150 CloudNine

In Malone v. Kantner Ingredients, Nebraska Magistrate Judge Cheryl R. Zwart denied the plaintiffs’ motion to show cause, finding that the defendant “the plaintiffs have presented no evidence” that the defendant “destroyed, hid, or purposefully (or even recklessly) failed to produce responsive ESI” in the case.

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Almost Thirty Percent of Data Security Incidents are Due to Human Error: eDiscovery Trends
 Almost Thirty Percent of Data Security Incidents are Due to Human Error: eDiscovery Trends 150 150 CloudNine

Last year, the term “data breach” became part of the broader public vernacular with The New York Times devoting more than 700 articles related to data breaches, versus fewer than 125 the previous year. And, as we’ve discussed recently, data breaches are on the rise. However, according to a new report, almost thirty percent of data security incidents are due to human error.

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Discarding a Relevant Computer Results in Adverse Inference Sanctions, Not Default Judgment: eDiscovery Case Law
 Discarding a Relevant Computer Results in Adverse Inference Sanctions, Not Default Judgment: eDiscovery Case Law 150 150 CloudNine

In Grady v. Brodersen, Colorado Magistrate Judge Nina Y. Wang granted the plaintiff’s motion for sanctions against the defendant in part for failing to produce a computer that the defendant ultimately acknowledged that he discarded, but denied the plaintiff’s request for a default judgment sanction, opting for the less severe adverse inference instruction sanction.

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Sometimes You May Need Turn to 34 Year Old Technology to Get the Job Done: eDiscovery Best Practices
 Sometimes You May Need Turn to 34 Year Old Technology to Get the Job Done: eDiscovery Best Practices 150 150 CloudNine

If you’ve worked with computers for over three decades like I have, you remember some of the old ways we used computers to support litigation. Our colleague, Jane Gennarelli, covered some of those in her recent “Throwback Thursdays” series. But, a 34 year old software application can still be useful today.

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Court Rules that Automatically Generated Read Receipt is Not Hearsay: eDiscovery Case Law
 Court Rules that Automatically Generated Read Receipt is Not Hearsay: eDiscovery Case Law 150 150 CloudNine

In Fox v. Leland Volunteer Fire/Rescue Dep’t Inc., North Carolina District Judge Louise W. Flanagan ruled that a Read Receipt automatically sent from the defendant’s email address to the plaintiff (when the defendant opened an email sent by the plaintiff) was not hearsay.

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Free Trojans with Your Document Production: eDiscovery Trends
 Free Trojans with Your Document Production: eDiscovery Trends 150 150 CloudNine

An Arkansas lawyer representing three Fort Smith police officers in a whistleblower case is seeking sanctions after his computer expert found malware on an external hard drive supplied in response to a discovery request, according to a story by the Northwest Arkansas Democrat Gazette.

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