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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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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Image is Not Only Everything, It Is Also Legally a Copy, Appeals Court Rules: eDiscovery Case Law
 Image is Not Only Everything, It Is Also Legally a Copy, Appeals Court Rules: eDiscovery Case Law 150 150 CloudNine

In Colosi v. Jones Lang LaSalle Americas, Inc., the Sixth Circuit Court of Appeals affirmed the District Court’s judgment to approve a $6,369.55 bill of costs which included synchronization of deposition videos and imaging of hard drives that the defendant submitted after prevailing in the case.

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Court Rules that Australian Company’s Duty to Preserve Only Begins when US Court Has Jurisdiction: eDiscovery Case Law
 Court Rules that Australian Company’s Duty to Preserve Only Begins when US Court Has Jurisdiction: eDiscovery Case Law 150 150 CloudNine

In Lunkenheimer Co. v. Tyco Flow Control Pacific Party Ltd., Ohio District Judge Timothy S. Black ruled that the duty to preserve for the defendant (an Australian company with offices and facilities only in Australia) did not begin until the complaint was filed in US courts in December 2011, denying the assertion of the intervenor/counter defendant that the duty to preserve arose in 2002.

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What Time Is It? That is an Important Question When it Comes to Your Document Collection: eDiscovery Best Practices
 What Time Is It? That is an Important Question When it Comes to Your Document Collection: eDiscovery Best Practices 150 150 CloudNine

It may not be game time, but the question of what time it really is has a significant effect on how eDiscovery is handled.

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Document Reviewers are People Too, Even in Canada, eh?: eDiscovery Trends
 Document Reviewers are People Too, Even in Canada, eh?: eDiscovery Trends 150 150 CloudNine

A couple of weeks ago, a $384 million class action was filed in Canada against professional services firm Deloitte LLP on behalf of hundreds of lawyers working at a document-review company it acquired last year. Even in Canadian dollars, that’s a lot.

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Court Agrees with Plaintiffs, Orders Provision for Qualitative Sampling of Disputed Search Terms: eDiscovery Case Law
 Court Agrees with Plaintiffs, Orders Provision for Qualitative Sampling of Disputed Search Terms: eDiscovery Case Law 150 150 CloudNine

In the case In Re: Lithium Ion Batteries Antitrust Litigation, California Magistrate Judge Donna M. Ryu ordered the defendants to comply with the plaintiffs’ proposed qualitative sampling process for keyword search terms, citing DaSilva Moore that keywords “often are overinclusive”.

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Who is Investing in eDiscovery Companies?: eDiscovery Trends
 Who is Investing in eDiscovery Companies?: eDiscovery Trends 150 150 CloudNine

As we have reported in the past, the eDiscovery industry is still growing at an impressive rate. One recent market report estimated that the global eDiscovery market is forecast to reach $15.65 billion by 2020. So, who is investing in the eDiscovery industry?

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